Summary
The Supreme Court condoned the landowners’ nearly thirteen-year delay to grant compensation parity with similarly placed co-villagers at Rs.150 per square yard. It denied statutory interest, including on solatium, for the period between the reference award and their appeals. The higher Makanpur rate was refused because that parity claim had already failed and would unfairly favour late claimants over vigilant landowners. Payment was conditional on curing deficient court fees.
Issues
- Whether the delayed land-acquisition appeals should be entertained to grant parity.
- Whether the appellants could obtain the higher compensation fixed for another village.
Provisions considered
- Section 34, Land Acquisition Act, 1894Interest, including on solatium, was excluded for the delayed appellate period as the condition balancing the grant of parity. (¶¶ 12, 15)
- Article 14, Constitution of IndiaDelay was condoned to give similarly situated owners equal compensation; it did not justify a higher award than that finally obtained by vigilant co-landowners. (¶ 12–14)
Held
- In compensatory matters, inordinate appellate delay is not necessarily fatal where equities can be balanced by denying interest for the delay. Pending appeals by co-villagers also supported indulgence here. (¶ 12)
- The appellants were entitled to the same Rs.150 per square yard ultimately fixed for the acquired Khora land. The separate Makanpur rate had already been considered and rejected in the earlier litigation. (¶¶ 8, 12–13, 15)
- Granting late claimants a higher rate than the vigilant co-landowners whose litigation had attained finality would create discriminatory treatment and reward a stale claim. (¶ 14)
- Interest under Section 34, including on solatium, was denied from the reference award until filing of the respective first appeals. Deficient court fees had to be made good within four weeks before payment of enhanced arrears within eight weeks thereafter. (¶ 15)
Result
Appeals partly allowed. Compensation fixed at Rs.150 per square yard, subject to exclusion of interest for the specified delayed period and payment of deficient court fees within four weeks; enhanced arrears payable within eight weeks thereafter.