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Arun Kumar and Ors. Etc. v. Union of India etc. (Land Acquisition Compensation)

Civil Appeal · 2017 INSC 685Decided 28 Jul 2017
Civil Appeal Nos. 9845-9858 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellants' land had been acquired, and they felt the compensation awarded was too low. The Supreme Court had earlier agreed to hear their appeal, but strictly limited to one specific point: whether they were entitled to the same 15% cumulative annual increase in compensation that the Court had already granted to similarly situated landowners in other, related cases arising from the same acquisition.

Decision Breakdown

Since there was no dispute that comparable claimants had already been granted a 15% cumulative annual increase in similar cases, the Supreme Court allowed the appeals and modified the compensation calculation accordingly, fixing it at a 15% increase over Rs. 192 per square yard for a two-year-six-month gap period, on a cumulative basis. The Court made no order as to costs and closed any pending applications.

Lesson Learnt

When courts have already granted a particular benefit (such as a formula for annual escalation of acquisition compensation) to similarly placed landowners from the same acquisition, similarly situated claimants can rely on that precedent to get the same treatment, even where the Supreme Court initially limited its own notice to only that narrow comparative question.

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

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