VidhiSangh

Supreme Court of India · 10/07/2024

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus HARNAND SINGH (DECEASED) THROUGH LRS & ORS.

[2024] 7 S.C.R. 443 · 2024 INSC 509

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Compensation for the Chhalera Bangar acquisition was independently fixed at Rs.403 per square yard, raising earlier Rs.340 awards and reducing Rs.449 awards based on Bir Singh, while leaving the compensation in Bir Singh itself undisturbed. The Court used evidence-based estimation of potentiality and rates, and exceptionally extended the result through Article 142 to applicants whose earlier challenges had failed.

Issues

  1. How compensation should be determined where the earlier Bir Singh valuation rested on an admitted factual error.
  2. Whether the sale, lease and circle-rate evidence justified a fresh valuation.
  3. Whether miscellaneous applications could obtain relief despite earlier dismissal of challenges.
  4. Whether redetermination under Section 28A required adjudication.

Provisions considered

Held

Result

Appeals and miscellaneous applications disposed of by fixing Rs.403 per square yard, except the land covered by Bir Singh itself. Challenged awards adjusted accordingly; enhanced compensation to be deposited within eight weeks and disbursed at the earliest.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 443.