Anek Singh Etc. vs. The State of Uttar Pradesh & Anr.
Background
In 1977, the Uttar Pradesh government acquired about 263 acres of land in village Annanpura, district Mathura, for planned industrial development by the UP State Industrial Development Corporation. Compensation was fixed by the Land Acquisition Officer based on soil-quality categories, ranging from roughly Rs 1,490 to Rs 7,972 per acre. The landowners sought enhanced compensation through a reference and then two rounds of appeal, both of which were rejected, including by the Allahabad High Court, prompting this final appeal to the Supreme Court.
Decision Breakdown
The Supreme Court noted that landowners in the adjoining village of Bhainsa, similarly situated near the Mathura refinery, had already been awarded compensation at Rs 15 per square metre, and that the government's own 1977 valuation order for land within a 1-km radius of the refinery had itself fixed the rate at Rs 15 per square metre. The State did not dispute that the appellants' land was located just across the road from Gate No. 9 of the same refinery. Finding the lower courts' orders unsustainable given this unchallenged comparable evidence, the Supreme Court set them aside, allowed the appeals, and directed that compensation be paid at Rs 15 per square metre along with statutory benefits and interest within eight weeks.
Lesson Learnt
When fixing "just" compensation for acquired land, courts must give due weight to unchallenged evidence of comparable rates awarded for similarly situated nearby land: landowners are entitled to parity with comparable acquisitions for the same project.