Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 4243-4254 OF 2016
(Arising out of SLP (C) Nos.9520-9531 of 2014)
Ramo Bai & Ors. ……….Appellants
Versus
State of Haryana & Ors. ……….Respondents
WITH
CIVIL APPEAL NO.4255 of 2016
(@ SLP (C)No.11098/2016 @ CC No.1521/2016)
WITH
CIVIL APPEAL NOS.4256-4260 of 2016
(@ SLP (C)Nos.11099-11103/2016 @ CC Nos.1501-1505/2016)
WITH
CIVIL APPEAL NOS 4261-4263 of 2016
(@ SLP (C)Nos.11104-11106/2016 @ CC Nos.5661-5663/2016)
J U D G M E N T
KURIAN, J.
1. Leave granted.
JUDGMENT
2. The issue raised in all these appeals pertains to
the claim for enhancement of compensation in respect of
the land acquired from the appellants. In the High Court
they have been granted compensation at the rate of
Rs.235/- per Sq. Yd. However, in the case of adjoining
lands, the owners have been granted land value at the
rate of Rs.325/- per sq.Yd. as per the decision of this
Court in the case of Ashrafi & Ors. Vs. State of Haryana
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reported in 2013 (5) SCC 527.
3. On a pointed question, the learned counsel for
respondents has fairly submitted that the lands belonging
to the appellants herein are also similarly situated as
of Ashrafi case (supra). However, the learned counsel
has made two strong submissions (1) all the appeals are
filed after huge delay; (2) in one case of similar
nature, this Court has granted compensation only at the
rate of Rs.250/- per Sq. Yd. in the case of the Inder
Singh versus State of Haryana & Ors. in C.A. No.
13788/2015 dated 23.11.2015.
4. It is true that in the case of Inder Singh (supra),
this Court has limited the compensation of Rs.250/- per
Sq.Yd. on examination of the materials placed before the
Court. But, we find that in all other cases covered by
the same Notification, the compensation has been enhanced
at the rate of Rs.325/- per Sq. Yd. by this Court. The
JUDGMENT
learned counsel for the appellants also submits that
reportedly a Review Petition has been filed in the case
of Inder Singh (supra).
5. Be that as it may. Since this Court has granted
compensation at the rate of Rs.325/- per Sq.Yd. in all
cases except that of Inder Singh, covered by the same
Notification, we are of the view that the interest of
justice would be advanced if the compensation at the rate
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of Rs.325/- per Sq.Yd. is also granted to the appellants
herein.
6. However, we find force in the submission made by
the learned counsel for the State that in any case
appellants would not be entitled to any statutory
benefits for the period covered by the delay in filing or
refiling the special leave petitions on which leave has
been granted.
7. Therefore, all these appeals are partly allowed
holding that appellants will be entitled to the land
value fixed at Rs.325/- per Sq.Yd. alongwith all
statutory benefits. However, the appellants shall not be
entitled to any statutory benefits for the period of
delay in filing the special leave petitions and the
period of delay in refilling the special leave petitions
after curing the defects.
JUDGMENT
…................J.
[KURIAN JOSEPH]
….................J.
[R. BANUMATHI]
NEW DELHI;
APRIL 19, 2016
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