Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 8463-8466 OF 2012
SACHICHIDANAND PRASAD & ORS. APPELLANTS
VERSUS
GENERAL MANAGER, NATIONAL THERMAL
POWER CORPN. & ANR. RESPONDENTS
J U D G M E N T
KURIAN, J.
1. The appellants are aggrieved by the land value
fixed by the Collector in respect of the land acquired
from them for the first respondent. The Collector fixed
the land value at the rate of Rs.357/- per decimal.
2. In reference, the Reference Court fixed the land
value at the rate of Rs. 1988/- per decimal.
3. The High Court, in appeal, found that the fixation
by the Reference Court was wholly erroneous and thus, set
JUDGMENT
aside the award passed by the Reference Court fixing the
value at the rate of 1988/- per decimal.
4. Aggrieved by the order passed by the High Court,
the appellants are before this Court.
5. On behalf of the respondents, an additional counter
affidavit dated 18.02.2016 was given in Court, bringing
to the notice of the Court that in the case of several
other persons, whose lands have been acquired for the
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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
appellants, there have been other settlements as well
granting higher land value.
6. We dispose of these appeals, in the above
circumstances, with the following directions :-
i) The appellants shall be entitled to have their land
value fixed at the rate of Rs.480/- per decimal along
with all statutory benefits.
ii) In case the appellants show, 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 appellants, the first respondent has agreed for
higher rates, such higher rates shall be granted to the
appellants as well along with all statutory benefits.
In any case, the needful shall be done and the amounts
due to the appellants shall be paid to them within three
JUDGMENT
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;
March 01, 2016.
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