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Supreme Court of India · 19/04/2022

RAMRAO SHANKAR TAPASE versus MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS

[2022] 19 S.C.R. 149 · 2022 INSC 437

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Summary

Bhoyar landowners sought increased compensation for land acquired for an industrial estate. The Court approved the same-village sale exemplar and location-based differences, rejecting automatic parity with neighbouring-village plots or valuation by intended industrial use. On the facts it increased the annual cumulative escalation from 10% to 12% and enhanced the applicable compensation bands, with corresponding uncultivable-land rates. The appeals were partly allowed, subject to specified interest exclusions for delayed appeals.

Issues

  1. Whether neighbouring-village prices and future industrial use required higher uniform compensation.
  2. Whether the escalation applied to the accepted same-village exemplar warranted adjustment.

Held

Result

All appeals partly allowed. Compensation was enhanced as specified in the operative table, including uncultivable rates of Rs.1 lakh or Rs.87,500 per hectare where applicable, with available statutory benefits. Interest on enhancement was excluded for the specified delayed periods in the identified appeals. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 149.