Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6305-6306 OF 2011
SHOBHA SINGH Appellant(s)
VERSUS
NATIONAL THERMAL POWER CORP.& ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The appellant is aggrieved by the land value
fixed by the Collector in respect of the land
acquired from her for the first respondent. The
Collector fixed the land value at the rate of Rs. 242
per decimal.
2. In reference, the Reference Court fixed the land
value at the rate of Rs. 6,000 per decimal.
3. The High Court, in appeal, found that the
fixation by the Reference Court was wholly erroneous
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and thus, set aside the award passed by the Reference
Court fixing the value at the rate of 6000 per
decimal.
4. Aggrieved by the order passed by the High Court,
the appellant is before this Court.
5. On behalf of the respondents, an additional
counter affidavit dated 10.02.2016 was given in
Court, bringing to the notice of the Court that in
the case of several other persons, whose lands have
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been acquired for the first respondent, the parties
have settled the matter by fixing the land value at
the rate of Rs. 480 per decimal. According to the
learned counsel for the appellant, there have been
other settlements as well granting higher land value.
6. We dispose of this appeal, in the above
circumtances, with the following directions :-
i) The appellant shall be entitled to have his land
value fixed at the rate of Rs. 480 per decimal along
with all statutory benefits.
ii) In case the appellant shows, within a period of
one month from today, the first respondent that in
the case of others who are similarly situated in the
vicinity of the appellant, the first respondent has
agreed for higher rates, such higher rates shall be
granted to the appellant as well along with all
statutory benefits. In any case, the needful shall
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be done and the amounts due to the appellant shall be
paid to her within three months from today.
7. In view of the above, the civil appeals are
disposed of with no order as to costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 17, 2016.
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