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Civil Property & InheritanceSupreme Court of India

D. Eswara Naidu & Ors. v. The Special Deputy Collector (Land Acquisition) and connected matters

Civil Appeal · 2018 INSC 1082Decided 20 Nov 2018
Civil Appeal No. 11355 of 2018, Civil Appeal Nos. 11153-11158 of 2018, Civil Appeal No. 11159 of 2018, Civil Appeal No. 11160 of 2018
Justice Kurian Joseph · Justice Deepak Gupta · Justice Hemant Gupta

Background

Civil Appeal Nos. 11153-11158 of 2018 were part of a consolidated batch of connected appeals heard and decided together by a common judgment, along with other appeals carrying different SLP numbers but the same respondent, the Special Deputy Collector (Land Acquisition). The appellants' land, with pomegranate trees standing on it, had been acquired for the Somashila/Telugu Ganga Project under notifications issued between 1990 and 1994, and the High Court had fixed compensation for the trees at Rs. 2,000 per pomegranate tree.

Decision Breakdown

The Supreme Court noted that in an earlier, related case (Civil Appeal Nos. 11404-11405 of 2016) concerning the same project, it had already fixed compensation at Rs. 3,000 per pomegranate tree for a 1994 notification, in contrast to the Rs. 2,000 fixed by the High Court. Treating the present appellants' claims consistently, the Court held it would be just and reasonable to fix compensation uniformly at Rs. 3,000 per pomegranate tree for these appellants as well, along with all statutory benefits, but denied them statutory interest for the period of delay in approaching the courts. The appeals were disposed of with a direction that the enhanced compensation be paid within three months. In the connected lead appeal about lemon trees under a 1985 notification (Civil Appeal No. 11355 of 2018), the Court permitted the appellants to go back to the High Court and seek modification of its judgment, again without interest for the period of delay.

Lesson Learnt

Where the same government project acquires similar crops/trees from multiple landowners under different notifications, the Supreme Court will apply a consistent, uniform compensation rate across similarly situated claimants rather than let identical trees be valued differently merely because claims reached the Court at different times, though claimants who delay approaching the courts may still lose out on interest for that delay period.

D. Eswara Naidu & Ors. v. The Special Deputy Collector (Land Acquisition) and connected matters – Legal Case Shots | LegalAware