ASHOK KUMAR vs. UNION OF INDIA

Case Type: Civil Appeal

Date of Judgment: 29-11-2016

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Full Judgment Text

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
OUT OFSLP (CI
UNION OF INDIA & ANR. ....RESPONDENTS WITH CIVIL APPEAL NO.10832 OF 2016 @ SLP(C) NO.22232/2015 CIVIL APPEAL NO.10833 OF 2016 @ SLP(C) NO.22233/2015 CIVIL APPEAL NO.10834 OF 2016 @ SLP(C) NO.22238/2015 CIVIL APPEAL NO.10835 OF 2016 @ SLP(C) NO.22239/2015 CIVIL APPEAL NO.10836 OF 2016 @ SLP(C) NO.30715/2015 CIVIL APPEAL NO.10838 OF 2016 @ SLP(C) NO.32064/2015 CIVIL APPEAL NO.10839 OF 2016 @ SLP(C) NO.32065/2015 CIVIL APPEAL NO.10840 OF 2016 @ SLP(C) NO.32066/2015 CIVIL APPEAL NO.10843 OF 2016 @ SLP(C) NO.32059/2015 CIVIL APPEAL NO.10844 OF 2016 @ SLP(C) NO.30714/2015 CIVIL APPEAL NO.10845 OF 2016 @ SLP(C) NO.23491/2015 CIVIL APPEAL NO.10846 OF 2016 @ SLP(C) NO.22229/2015 CIVIL APPEAL NO.10847 OF 2016 @ SLP(C) NO.31571/2015 CIVIL APPEAL NO.10848 OF 2016 @ SLP(C) NO.27290/2015 CIVIL APPEAL NO.10849 OF 2016 @ SLP(C) NO.29681/2015 CIVIL APPEAL NO.10850 OF 2016 @ SLP(C) NO.12343/2015 JUDGMENT J U D G M E N T AMITAVA ROY, J. Heard Mr. Arvind Kumar Sharma, learned counsel for the appellants and Mr. R. Balasubramaniam, Mr. Vishnu B. 1 Page 1 Saharya, Ms. Rachna Srivastava, Ms. Shashi Kiran, Mr. Ashwani Kumar, Mr. Govind Goel and Ms. Garima Prashad, learned counsel for the respondents.
o. 10838of 201
(2) It is submitted at the Bar, that the verdict rendered by this Court in Civil Appeal No.1726 of 2015 (dated 18.03.2015) – Suresh Prasad @ Hari Kishan & Ors. Vs. Union of India & Anr. , deciding the same along with a batch of appeals would adequately answer the issues raised herein, as the all relevant facets i.e. location of the land in village Masoodabad, JUDGMENT notifications for acquisition under the Land Acquisition Act, 1894 (for short, the 'Act') as well as the quantification of the compensation awarded by the Land Acquisition Officer, Reference Court and the High Court are same. In this view of the matter further dilation of individual facts is considered inessential. 2 Page 2 (3) On a consideration of the explanation offered, the delay involved in preferring the appeals, in the singular facts and circumstances, is hereby condoned. The amount of
grantedby this
(supra) is also awarded to the appellants i.e. Rs.24 lacs per acre. Needless to say, the appellants would be entitled to all statutory benefits under the Act including interest as payable in terms of the above decision. (B) C.A. No. 10831 of 2016 @ SLP(C) No.22231/2015, C.A. NO.10832 OF 2016 @ SLP(C) No.22232/2015, C.A. NO.10833 OF 2016 @ SLP(C) No.22233/2015, C.A. NO.10834 OF 2016 @ SLP(C) No.22238/2015, C.A. NO.10835 OF 2016 @ SLP(C) No.22239/2015, C.A. NO.10836 OF 2016 @ SLP(C) No.30715/2015, C.A. NO.10844 OF 2016 @ SLP(C) No.30714/2015, C.A. NO.10845 OF 2016 @ SLP(C) No.23491/2015, C.A. NO.10846 OF 2016 @ SLP(C) No.22229/2015 and C.A. NO.10847 OF 2016 @ SLP(C) No.31571/2015. JUDGMENT (4) It is submitted at the Bar that the ruling by this Court in Civil Appeal Nos.10982-11033 of 2014 (dated 11.12.2014) – Charan Singh & Ors. Etc. Vs. Union of India & Anr. , deciding the same along with a batch of appeals would adequately address the issues raised herein, as the all 3 Page 3 relevant facets i.e. location of the land in village Bamnoli, notifications for acquisition under the Act as well as the quantification of the compensation awarded by the Land
r, Reference Cou
same. In this view of the matter further dilation of individual facts is considered inessential. (5) On a consideration of the explanation offered, the delay involved in preferring the appeals, in the singular facts and circumstances, is hereby condoned. The amount of compensation as granted by this Court in Charan Singh (supra) is also awarded to the appellants i.e. Rs.25 lacs per acre for land in Block 'A' and Rs.22 lacs per acre for land in Block 'B'. Needless to say, the appellants would be entitled all JUDGMENT statutory benefits under the Act including interest as payable in terms of the above decision. (C) C.A. NO.10848 OF 2016 @ SLP(C) No.27290/2015, C.A. NO.10849 OF 2016 @ SLP(C) No.29681/2015 and C.A. NO.10850 OF 2016 @ SLP(C) No.12343/2015. 4 Page 4 (6) It is submitted at the Bar that the decision rendered by this Court in Civil Appeal No. 2091 of 2014 (dated 13.02.2014) – Impulse India Pvt. Ltd. Vs. Union of India &
e same along wit
would adequately cover the issues raised herein, as the all relevant facets i.e. location of the land in village Bijwasan, Pochanpur and Bharthal, notifications for acquisition under the Act as well as the quantification of the compensation awarded by the Land Acquisition Officer, Reference Court and the High Court are same. In this view of the matter further dilation of individual facts is considered inessential. (7) On a consideration of the explanation offered, the delay involved in preferring the appeals, in the singular facts and JUDGMENT circumstances, is hereby condoned. The amount of compensation as granted by this Court in Impulse India Pvt. Ltd. (supra) is also awarded to the appellants i.e. Rs.21 lacs per acre for land in Block 'A' and Rs.19 lacs per acre for land in Block 'B'. Needless to say, the appellants would be entitled 5 Page 5 all statutory benefits under the Act including interest as payable in terms of the above decision.
n the above terms
.............................................J. (DIPAK MISRA) ….........................................J. (AMITAVA ROY) NEW DELHI; NOVEMBER 29, 2016. JUDGMENT 6 Page 6