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Kethu Penchal Reddy & Ors. v. The Special Deputy Collector (LA)

Civil Appeal · 2018 INSC 1051Decided 13 Nov 2018
Civil Appeal No. 10946 of 2018
Justice Kurian Joseph · Justice Hemant Gupta

Background

The appellants' land had been acquired, and they later sought enhancement of the compensation awarded. The High Court declined even to consider their claim for enhancement, citing unexplained delay in approaching it. The Supreme Court noted that this was one of several identical cases arising from the very same 1990 land acquisition, and that it had already decided an identical connected appeal on the same point.

Decision Breakdown

The Supreme Court held that where claimants seek enhancement of compensation, a lenient view should ordinarily be taken in condoning delay, especially since the claimants are in any event denied statutory benefits (like interest) for the delayed period. It condoned the delay on the condition that the appellants would not get any statutory benefits for that period of delay even if enhancement is ultimately granted. The matter was remitted to the High Court to decide the enhancement claim on its merits, with a request to dispose of it expeditiously given how old the 1990 acquisition was. No order as to costs was made.

Lesson Learnt

Courts tend to take a lenient approach to delay in land acquisition compensation claims, but claimants who delay may lose statutory benefits (such as interest) for the period of delay even if they eventually succeed on merits.

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

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