VidhiSangh

Supreme Court of India · 14/08/2019

STATE OF HIMACHAL PRADESH & ORS. versus KANSHI RAM & ORS.

[2019] 10 S.C.R. 608 · 2019 INSC 906

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Summary

The land-compensation award was set aside because a claimant’s sale of a single biswa after initiation of litigation had been used to value the much larger acquisition, while another alleged comparable sale was not adequately addressed. Fresh references were directed, permitting further evidence. The additional-interest award was also set aside, but the claim for the pre-notification possession period remained open for independent determination.

Issues

  1. Whether the small sale transaction supplied a reliable basis for valuing the acquired tract.
  2. What should follow for additional interest and compensation already paid when the valuation award was set aside.

Held

Result

State appeals allowed; High Court judgment and reference award set aside. References remitted for fresh awards within six months. Claimants’ appeals dismissed without costs; pre-notification interest claim left open and payments subject to further orders.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 608.