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Civil Property & InheritanceSupreme Court of India

Khatoon & Ors. v. The State of U.P. Through Principal Secretary & Ors.

Civil Appeal · 2018 INSC 148Decided 15 Feb 2018
Civil Appeal No. 2127 of 2018
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Between 1976 and 2010, the State of U.P. acquired large tracts of land in Noida/Greater Noida for planned industrial development. Many landowners earlier challenged the acquisition in writ petitions, which a Full Bench of the Allahabad High Court decided in the lead case of Gajraj vs. State of U.P., granting those petitioners 64.70% additional compensation and a developed residential ("abadi") plot equal to 10% of their acquired land, a ruling the Supreme Court upheld in Savitri Devi vs. State of U.P. (2015) while expressly stating it should not be treated as a precedent for future cases. The appellants here (including Khatoon), whose land was acquired in the same proceedings but who had not filed writ petitions at that time, woke up only in 2016 and sought the same relief on grounds of parity, but the Allahabad High Court dismissed their petitions following its own 2016 lead judgment (Mange Ram vs. State of U.P.).

Decision Breakdown

This single judgment disposed of over 50 connected civil appeals together, with Khatoon's appeal (C.A. No. 2127 of 2018) as the lead matter. The Supreme Court held that the special reliefs in Gajraj/Savitri Devi were granted in the exercise of the High Court's extraordinary writ jurisdiction under Article 226, confined strictly to the specific landowners who had actually litigated in that case, and that the earlier judgment had itself clarified it was not to be used as a precedent. The Court found no basis for applying Article 14 (equality) to extend those bespoke reliefs to landowners, like the appellants, who had not filed writ petitions at the relevant time, since they were not "similarly situated" in a legally relevant sense: they had, however, already received the standard statutory compensation plus the 64.70% additional compensation available to all landowners. Finding no legal or factual basis for the claim to an additional developed plot, the Court dismissed all the appeals.

Lesson Learnt

A favourable direction a court gives to specific litigants in one case, especially where the court expressly says it is not a general precedent, cannot later be claimed by other similarly affected persons simply on grounds of "fairness" or equality if they did not pursue their own legal remedy at the time: equality claims under Article 14 require genuine similarity of legal position, not just a shared underlying grievance.

Khatoon & Ors. v. The State of U.P. Through Principal Secretary & Ors. – Legal Case Shots | LegalAware