Comparable acquired open land must receive the accepted compensation rate of ₹154 per square metre.

The appellants’ land was acquired for the “Bhakaharvad Punah Prabharan Yojna” following notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, published on 10 March 2005 and 15 September 2005, respectively.

The Land Acquisition Officer made an award under Section 11 on 28 November 2007.

On reference under Section 18, the Reference Court awarded compensation of Rs.2,604 per sq. m. for 37.1 sq. m. of constructed area but awarded nothing for 8.74 sq. m. of open land.

The claimants appealed, relying on an award concerning land in the same village acquired for the same project, which had allowed Rs.154 per sq. m. for open land.

The State acknowledged that award had not been challenged and had been accepted.

The appeal had been delayed by 2,717 days; an order condoning delay provided that no interest would be payable on enhanced compensation for the period of delay.

1. Whether the appellants were entitled to compensation for the acquired open land, notwithstanding the Reference Court’s failure to award it.

2. Whether the rate of Rs.154 per sq. m. awarded for open land in the accepted award concerning the same village and project should apply to the appellants’ open land.

3. Whether interest was payable on the enhanced compensation for the 2,717-day period of delay in filing the appeal.

Sections 4 and 6 of the Land Acquisition Act, 1894 provide for the preliminary and declaration stages of acquisition; Section 11 concerns the Collector’s award; and Section 18 provides for a reference to the court.

The Court applied the principle that compensation for comparable land may be assessed consistently where the land is from the same village, acquired for the same project, and no material difference in circumstances or potentiality is shown.

It also applied the specific condition in the order condoning the appeal delay: no interest would be payable on enhanced compensation for the 2,717-day delay period.

The Reference Court had compensated the constructed area but omitted the acquired open land.

The State did not dispute either the area acquired or the relevance of the earlier award, which provided Rs.154 per sq. m. for open land in the same village acquired for the same project; it also accepted that the award had not been challenged.

The State identified no difference in circumstances or potentiality warranting a different measure of compensation.

The Court therefore found the omission to be an error and applied the same rate to the appellants’ open land.

The delay-condonation order independently barred interest on the enhanced amount for the 2,717-day delay period.

The appellants were awarded compensation at Rs.154 per sq. m. for the open land, in addition to the compensation already awarded, together with the applicable statutory benefits, but without interest for the 2,717-day delay period.

The respondents were directed to deposit the additional compensation and statutory benefits within eight weeks of receiving the judgment; the Reference Court was directed to disburse the amount in accordance with procedure, after deducting court fees, if any.