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Ramo Bai & Ors. v. State of Haryana & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 4243-4254 of 2016)Decided 19 Apr 2016
Civil Appeal Nos. 4243-4254 of 2016
Justice Kurian Joseph · Justice R. Banumathi

Background

Landowners whose land was acquired by the State of Haryana had been awarded compensation by the High Court at Rs.235 per square yard. Owners of adjoining, similarly-situated land acquired under the same notification had separately been awarded a higher rate of Rs.325 per square yard by the Supreme Court in an earlier case (Ashrafi & Ors. vs State of Haryana, 2013). The appellants argued they deserved the same higher rate since their land was comparable.

Decision Breakdown

The State's counsel conceded that the appellants' land was indeed similarly situated to the Ashrafi case land, but argued the appeals were filed after long delay and that one other similar case (Inder Singh vs State of Haryana) had been capped at only Rs.250 per square yard. The Court noted that in all cases except Inder Singh under the same notification, compensation had been fixed at Rs.325 per square yard, and that a review petition was reportedly pending in Inder Singh. Weighing the interest of justice, the Court held the appellants were also entitled to Rs.325 per square yard with statutory benefits, but denied statutory benefits (such as interest) for the periods of delay in filing and re-filing the special leave petitions.

Lesson Learnt

When land is acquired under the same government notification, courts try to ensure similarly-situated landowners receive parity in compensation, but relief obtained through delayed litigation can come with reduced statutory benefits (like interest) for the period of that delay.

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

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