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(Nanak (Deceased) Through LRs) Bhooley Ram Sharma v. New Okhla Industrial Development Authority

Civil Appeal · 2018 INSC 891Decided 26 Sept 2018
Civil Appeal No. 10013 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellants' land, situated in the same village and covered by the same acquisition notification as land acquired for NOIDA's industrial development, was acquired by the authorities. The Supreme Court had earlier, in a related matter, already fixed compensation at Rs. 297 per square yard for land in that same village under that same notification. The appellants came before the Court seeking the same enhanced rate for their own acquired land.

Decision Breakdown

The Court held that since compensation at Rs. 297 per square yard had already been granted for similarly situated land in the same village under the identical notification, it was only just and reasonable to extend the same rate to these appellants as well. It ordered the respondent authorities to deposit the compensation at that rate, together with all statutory benefits, within three months, and disposed of the appeals on that basis.

Lesson Learnt

Landowners whose property is acquired under the same notification and in the same area as others who already received a higher compensation rate from the courts are entitled to parity: equal treatment for similarly situated claimants is a basic principle in land acquisition compensation.

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

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