Summary
The Supreme Court granted a landowner compensation at Rs 8,500 per Are, matching awards for his father’s and brother’s similarly situated land acquired under the same notification. All three references had been filed contemporaneously, yet delay had been used to deny relief only to him. The Court set aside the refusal to enhance compensation and awarded the same statutory benefits and interest, together with half the reference-proceeding costs.
Issues
- Whether the appellant should receive the same enhanced compensation as similarly situated family landowners whose contemporaneous references succeeded.
Provisions considered
- Sections 23(1A), 23(2) and 28, Land Acquisition Act, 1894The Court granted statutory additional benefits, thirty per cent solatium and interest matching the comparator awards. (¶¶ 6, 16)
Held
- The same Reference Court had awarded Rs 8,500 per Are for the father’s and brother’s land under the same notification and in the same survey. Their contemporaneous references were not rejected for delay; those comparable awards were overlooked in denying the appellant relief. (¶ 13-15)
- On these facts there was no reason to deny the appellant the same rate. Compensation at Rs 8,500 per Are, thirty per cent solatium, the specified statutory benefits, half the proceeding costs and interest at the comparator claimants’ rates were granted. (¶ 16)
- The Reference Court and High Court judgments were set aside. The relief was based on the particular comparable acquisitions and references, rather than a general abolition of limitation requirements. (¶ 13-17)
Result
Appeal allowed; compensation enhanced to Rs 8,500 per Are with the specified benefits and comparator interest rates. No costs of the appeal.