Facts
Land at Paneli Moti, Taluka Upleta, was acquired for the Paneli Small Irrigation Scheme.
Source reference: para. 1–2The Section 4 notification was published on 9 October 2002, followed by the Section 6 notification on 3 May 2003.
Source reference: para. 1–2The Special Land Acquisition Officer awarded compensation at Rs. 5.87 per sq. m.; on a Section 18 reference, the Reference Court enhanced it to Rs. 60 per sq. m.
Source reference: para. 1–2The claimants’ heirs appealed for further enhancement.
Source reference: para. 5They relied on a decision in First Appeal No. 1386 of 2024 and allied matters concerning land in the same village acquired under the same notification, in which compensation was enhanced to Rs. 148.14 per sq. m.
Source reference: para. 5, 7The State’s challenge to that decision was dismissed by the Supreme Court.
Source reference: para. 5, 7The present appeal had been filed after a delay of 2,459 days, which was condoned subject to the claimants’ forfeiting interest for that delayed period on the enhanced compensation.
Source reference: para. 6, 10Issues
1. Whether the appellants were entitled to the compensation rate of Rs. 148.14 per sq. m. awarded in the related appeals concerning land acquired in the same village under the same notification.
Source reference: para. 5–92. Whether the appellants were entitled to interest on the enhanced compensation for the 2,459-day period of delay in filing the appeal.
Source reference: para. 6, 10Law Applied
Under Sections 4, 6 and 11 of the Land Acquisition Act, 1894, acquisition proceeds through the statutory notifications and the Collector’s award; a claimant dissatisfied with the award may seek a reference under Section 18.
Source reference: para. 2The Court applied the principle of consistency in compensation where the relevant lands were situated in the same village and acquired under the same notification, relying on its decision in First Appeal No. 1386 of 2024 and allied matters, which had fixed compensation at Rs. 148.14 per sq. m. and attained finality after dismissal of the State’s SLP.
Source reference: para. 5, 7–8The order condoning delay barred interest on the enhanced amount for the period of delay.
Source reference: para. 10Reasoning
The Court noted that the related appeals concerned land in the same village acquired under the same notification and that the compensation determination in those appeals had attained finality.
Source reference: para. 6–9The State and acquiring authority did not controvert the appellants’ reliance on that decision.
Source reference: para. 6–9The Court therefore applied the same rate of Rs. 148.14 per sq. m., allowing an additional Rs. 88.14 per sq. m. over the Reference Court’s award of Rs. 60.
Source reference: para. 6–9However, because the appeal’s delay had been condoned on terms, the appellants could not claim interest on the additional compensation for the 2,459-day delayed period.
Source reference: para. 10Holding
The appeal was allowed.
The appellants were held entitled to total compensation of Rs. 148.14 per sq. m., including additional compensation of Rs. 88.14 per sq. m. over the Reference Court’s award.
Source reference: para. 9–12They were not entitled to interest on the enhanced amount for the 2,459-day period of delay.
Source reference: para. 9–12The authorities were directed to deposit compensation together with statutory benefits within eight weeks of receiving the judgment; the Reference Court was to disburse the amount in accordance with procedure after deducting any court fees due.
Source reference: para. 9–12Acts & Sections Cited
4 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Land Acquisition Act, 18944
Original Court PDF
HEIRS OF DECD. DIWALIBEN GORDHANBHAI PACHANI THRO NAYANA GORDHANBHAI PACHANI W/O DILIPBHAI VACHHANIvsSTATE OF GUJARAT
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