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Anil Kumar Soti & Ors. v. State of U.P.

Civil Appeal · 2021 INSC 779Decided 23 Nov 2021
Civil Appeal No. 6919 of 2021
Justice M.R. Shah · Justice Sanjiv Khanna

Background

The appellants' land in village Rawali was acquired under a 1981 notification for a public purpose. The Land Acquisition Officer fixed compensation at a low rate, which a Reference Court later enhanced slightly, and on further appeal the High Court fixed it at Rs.7,100 per acre. The landowners appealed to the Supreme Court, pointing out that for the very same village, land acquired under a notification issued just seven months later had been awarded much higher compensation (Rs.15,402 per acre) by the Reference Court in a separate case: an award the government had accepted by withdrawing its own appeal.

Decision Breakdown

The Supreme Court held that since the two acquisitions involved the same village, with only a seven-month gap between the notifications and no evidence of any material change in land value during that period, the landowners were entitled to parity with the higher compensation already finally accepted by the State in the other case. The Court found the sale-deed exemplar relied on for the higher award (from 1978) was, if anything, equally applicable to the present acquisition. It therefore modified the High Court's order and raised the compensation to Rs.15,402 per acre with all statutory benefits, subject to payment of any deficient court fees.

Lesson Learnt

When the government accepts a higher compensation rate for land acquired in the same locality around the same time, that rate becomes a benchmark other affected landowners can invoke for parity, even in a separate proceeding.

Official source (sci.gov.in)View Judgment (PDF)

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