Summary
Land acquired for NOIDA under a notification of 05.01.1982 was valued by the Reference Court in 1993 at Rs 20 per sq. yard. Twenty-two years later the owners appealed. The Allahabad High Court condoned the delay and raised compensation to Rs 149 per sq. yard, matching what the Supreme Court had fixed in Deo Karan for other 1982 acquisitions. On NOIDA's appeal, the Supreme Court upheld the condonation and the parity rate. It refused the owners' bid for Rs 297 under Nanak, since they had not appealed and showed no comparability. It held, however, that the acquiring body should not bear statutory benefits and interest for the period of delay. The owners were denied interest and statutory benefits on the enhanced amount from the reference award of 15.12.1993 until their appeals were filed.
Issues
- Whether landowners who appealed after 22 years, and obtained enhanced compensation at par with similarly situated owners, are entitled to statutory benefits and interest for the period of delay.
Provisions considered
- Sections 23, 28 and 34 (statutory benefits and interest), Land Acquisition Act, 1894Statutory benefits and interest on the enhanced compensation were disallowed for the period between the reference award and the filing of the delayed appeals, so as not to burden the public acquiring body. (¶¶ 5.3, 6)
Held
- Owners whose land was acquired are entitled to just compensation at par with similarly situated owners; the High Court was justified in condoning the delay and awarding Rs 149 per sq. yard as fixed in Deo Karan for 1982 acquisitions. (¶¶ 5, 5.3)
- The owners, not having appealed, cannot claim more than Rs 149 in NOIDA's appeal, and in any event no comparability with Nanak (Rs 297) was shown. (¶¶ 5.1, 5.2)
- Saddling the acquiring body with statutory benefits and 15% interest for a substantial delay of 22 years would burden a public body and raise project costs against public interest; these are denied for the delayed period. (¶¶ 5.3, 6)
Result
Civil Appeal Nos. 8331-8345 of 2022 partly allowed; the Allahabad High Court common judgment dated 18.12.2018 modified to deny statutory benefits and interest on the enhanced compensation for the period from 15.12.1993 until the respective first appeals were filed after curing defects; no costs.