Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.15061517 OF 2016
(Arising out of SLP(C)Nos.2523725248/2015)
| ... RESPON | |
| VS.<br>STATE OF U.P AND ANR.<br>J U D G M E N T<br>ANIL R. DAVE, J.<br>1. Leave granted.<br>2. Heard the learned counsel appeari<br>3. In our opinion certain aspects |
valuation and location of the land have not been properly
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discussed and therefore, the matters require reconsi-
deration by the the High Court. For instance, we may say
that the Notification under Section 4 of the Land
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Acquisition Act, 1894, had been issued on 10 March, 1988.
The appellants have been awarded compensation @Rs.135/- per
square yard for the land belonging to them, whereas in
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respect of certain land, said to be similarly situated,
which had been acquired in the year 1986, compensation of
Rs.297/- per square yard had been awarded.
4. We are of the view that the afore-stated aspects have
not been clarified because normally the price of the land
goes on increasing, but the reason as to why lesser amount
has been given to the appellants, has not been properly
explained in the impugned judgment.
5. Be that as it may, the afore-stated fact and some
other facts ought to have been discussed in detail.
Therefore, we set aside the impugned judgment and remand
the cases to the High Court so that they may be
reconsidered by the High Court. The appeals are allowed
with the above observations with no order as to costs.
Pending application, if any, stands disposed of.
6. We are sure that the High Court will decide the
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matters at an early date. The parties shall appear before
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the High Court on 28 March, 2016, so that date for hearing
can be decided on that day.
7. Registry to send intimation of this order to the High
Court.
8. The learned counsel appearing for the appellants had
made a grievance that till today no compensation has been
paid to the land owners. If it is so, we are sure that the
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amount which has been awarded by the Reference Court shall
be paid to the appellants as soon as possible, preferably
within a period of three months from today.
..............J.
[ANIL R. DAVE]
.................J.
[SHIVA KIRTI SINGH]
.................J.
[ADARSH KUMAR GOEL]
New Delhi;
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16 February, 2016.
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