Subodh Singh vs Union of India and Others

Court

Supreme Court of India

Date

16 May 2024

Case No.

Civil Appeal No. 6458 of 2024

Result

Allowed

Bench

Hima Kohli, Ahsanuddin Amanullah

Citation

[2024] 6 S.C.R. 708 : 2024 INSC 458

Acts & Sections

Indian Railways Act, 1989

Issue for consideration

Whether the appellant is entitled to additional compensation for the left out portion of land at least @ 5% of the value of the award for a period spreading over 84 months.

Headnote

Compensation – Additional compensation for the left out portion of land – Payment towards the delay only to two months – Appellant claimed payments towards delay of 84 months – Correctness:

Held: Respondents had acquired a land by Notifications issued u/s. 20(E)(1) of the Indian Railways Act, 1989 – An award was declared on 08.02.2010 in respect of land that respondent acquired – A parcel of land admeasuring 0.0624 Hectare was left out – The High Court vide order dated 20.09.2016 directed the respondents to provide compensation to the appellant for 0.0624 Hectare of land, which was left out, along with additional compensation – While calculating the additional compensation, respondent confined the same to a period of two months for delayed period – Appellant claimed that he was entitled to compensation for a period of 84 months and relied on one Kamla Devi & Ors. – This Court noted that an order dated 18.09.2017, passed by the Competent Authority refers to an order dated 19.07.2017, passed by the High Court in a Writ Petition filed by Kamla Devi and others and goes on to record that after completion of formalities of publication, some portion of the land admeasuring 0.0890 Hectare had been left out, as the same was not required for the subject project – Subsequently, another award was declared in respect of the left out area and additional compensation was paid to the land owners @ 5% per month of the award for a period of 66 months, i.e. from 19.04.2012 to 12.09.2017 – In light of the above, the appellant herein cannot be treated differently in his case, the respondents ought not to have confined the delayed payment on the awarded amount for the left out portion of land to only two months – Thus, the appellant is held entitled to additional compensation for the left out portion of land at least @ 5% of the value of the award for a period spreading over 84 months. [Paras 3, 4, 9, 12]

Order 1. Leave granted. 2. The present appeal is directed against the order dated 31st August, 2017, passed by the Division Bench of the High Court of Judicature at Allahabad whereby, the Writ Petition filed by the appellant herein praying inter alia for issuing directions to the respondents to pay additional compensation for the entire land area, subject matter of the Notification dated 12th December, 2008, issued under Section 20(E)(1) of the Indian Railways Act1, 1989, at the rate higher than 5% per month and further pay interest @ 18% per annum for delay in payment from 30th March, 2011,

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