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Munshiya (Dead) Thr LRs v. State of U.P.

Civil Appeal · 2017 INSC 625Decided 17 Jul 2017
Civil Appeal No. 9142 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellants' land had been acquired under a government notification, and their compensation reference had been sent back by the High Court to the Reference Court for fresh consideration because different coordinate benches of the Reference Court had passed differing awards for land acquired under the same notification. Adjoining landowners whose land was acquired under the identical notification had already been granted compensation at Rs. 65 per square yard, and that award had become final since further appeals and special leave petitions against it had been dismissed.

Decision Breakdown

The Supreme Court noted the administrative confusion caused by references under the same acquisition notification being handled by different district courts and asked the High Court to ensure such references are heard by the same bench going forward. On the merits, since the adjoining landowners' compensation rate of Rs. 65 per square yard had already attained finality, the Court held it could not seriously be disputed and allowed the appeal, granting the appellants the same rate along with statutory benefits, except for statutory benefits during any period of delay before either the High Court or the Supreme Court.

Lesson Learnt

Once a compensation rate for land acquired under a particular notification is upheld and becomes final through dismissal of further appeals, that same rate should ordinarily be extended to other landowners whose land was acquired under the identical notification, to ensure consistency and equal treatment.

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

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