Land Acquisition Act, 1894 – ss.4(1), 6(1), 17(1), (4) & 18 – Long delay in filing SLP – Grant of enhanced compensation as granted in the case of other land owners, under the same acquisition, who appealed against the impugned judgment expeditiously – If permissible – Land situated in Yellapur Village, Hubli Taluka acquired for construction of Hubli Ankola Broad Gauge Railway Line – Land Acquisition Officer fixed the market value at the rate of Rs.7,500/- per gunta – Aggrieved, the appellant(s) and other similarly placed persons sought reference –Reference Court by common order enhanced the compensation to Rs 25,000/- per gunta (Rs.10,00,000/- per acre) – High Court in appeals by the Land Acquisition Officer, modified the award passed by Reference Court and reduced the compensation to Rs.5,10,000/- per acre – Some of the affected land owners filed Special Leave Petition(s) and Supreme Court vide judgment dtd. 11.11.16 passed in Civil Appeal No.2927/2010 allowed their appeals restoring the compensation of Rs.10,00,000/- per acre in their case, as awarded by the Reference Court – Present appellant(s) who was/were also aggrieved by the impugned judgment of the High Court did not file the appeal along with other similarly situated land owners – Present appeal filed with delay of 2928 days – Held: Delay condoned – It is undeniable that Supreme Court vide judgment dtd. 11.11.16 passed in C.A. No.2927/2010 (Ningappa Thotappa Angadi v. Special Land Acquisition Officer & Anr.) set aside the order of the High Court and restored the compensation awarded by the Reference Court – Appellant(s) are also similarly placed claimants and thus, entitled to seek parity and claim the same amount of fair and just compensation as awarded to other land owners – However, the appellant(s) are not entitled to any interest on the enhanced compensation and statutory amount for the period of delay of 2928 days in filing the appeal – Impugned order passed by the High Court, set aside – Award passed by the Reference Court, restored – Equity.
Partly allowing the appeal, the Court
HELD: It is undeniable that Supreme Court vide judgment dtd. 11.11.16 passed in C.A. No.2927/2010 (Ningappa Thotappa Angadi v. Special Land Acquisition Officer & Anr.) has set aside the order of the High Court and restored the compensation awarded by the Reference Court. The appellant(s) are also similarly placed claimants. They are, thus, entitled to seek parity and claim the same amount of fair and just compensation as has been awarded to other land owners. The appellant(s) are, however, not entitled to seek interest for the period for which they did not approach this Court. The impugned order passed by the High Court dated 24.11.2008 in M.F.A. No. 3274/2007 is set aside and the award passed in favour of the appellant-claimant(s) by the Reference Court is restored. However, the appellant-claimant(s) shall not be entitled to any interest on the enhanced compensation and statutory amount for the period of delay of 2928 days in filing the appeal. [Paras 10-12][41-F; 42-B-D]
Dhiraj Singh (Dead) through LRs. and Others v. State of Haryana and Others (2014) 14 SCC 127; Imrat Lal & Ors. v. Land Acquisition Collector & Ors. (2014) 14 SCC 133; Huchanagouda v. Assistant Commissioner and Land Acquisition Officer 2019 SCC Online SC 990 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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