Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4943 OF 2006
N.D.SHARMA & ORS.
... APPELLANT(S)
VS.
UNION OF INDIA & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NOS.4944/2006 & 282/2008
J U D G M E N T
ANIL R. DAVE, J.
1. Delay in filing substitution applications in Civil
Appeal No.4943/2006, is condoned.
2. Applications in Civil Appeal No.4943/2006, for
bringing on record the legal representatives of Appellant
Nos.1 and 3 are allowed.
3. In all these appeals, the issue involved is with
JUDGMENT
regard to enhancement of compensation in respect of the
land, which had been acquired under a Notification issued
rd
under Section 4 of the Land Acquisition Act, 1894, on 3
June, 1987 for establishment of a Power House. A big chunk
of land ad-measuring approximately 270 bighas and 15 biswas
was acquired by the Government from three different
villages, namely, Holambi Khurd, Bawana and Naya Bans @
Iradat Nagar.
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4. It is an admitted fact that for the land situated in
Iradat Nagar, a sum of Rs.32,951/- (Rupees Thirty Two
only
Thousand Nine Hundred Fifty One ) per bigha had been
awarded by the High Court by its judgment in RFA
No.859/1995 [Ram Kishan (Deceased) Thru. LRs. Vs. Union of
th
India] decided on 4 March, 2004.
5. It is also an admitted fact that the land of Iradat
Nagar and the land, which is the subject matter of these
appeals, abut each other and they all form part of one
chunk of land.
6. In the circumstances, we are of the view that same
amount of compensation should be awarded to the present
appellants in respect of their acquired land and therefore,
we direct that a sum of Rs.32,951/- (Rupees Thirty Two
Thousand Nine Hundred Fifty One only) per bigha and
statutory benefits should be awarded to the appellants.
7. The impugned judgment is modified accordingly. The
appeals stand allowed with no order as to costs. Pending
JUDGMENT
application, if any, stands disposed of.
............J.
[ANIL R. DAVE]
.................J.
[SHIVA KIRTI SINGH]
.................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
13 January, 2016.
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