Ravindra & Anr. v. The Special Land Acquisition Officer, UKP, Bagalkot

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11359 of 2016)Decided 28 Nov 2016
Civil Appeal No. 11359 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

Land belonging to the appellants in Mudhol Village and Taluk, Bagalkot District, Karnataka, was compulsorily acquired for a canal/irrigation project (UKP) under the same notification that covered land of other villagers in the same area and for the same purpose. In an earlier, separate batch of appeals (M.F.A. No. 21191 of 2010 and connected matters) concerning the very same acquisition, the Karnataka High Court had already finally awarded compensation at Rs. 6,50,000 per acre to those other landowners. The present appellants, whose land fell under the identical acquisition and notification, had been denied that same rate, and their review petition on this ground was rejected by the High Court as not being a valid ground for review.

Decision Breakdown

The Supreme Court, hearing this batch of 15 connected civil appeals together, found no reason to treat these appellants differently from the other landowners who had already secured Rs. 6,50,000 per acre for land acquired under the same notification, same village, and same purpose. The Court allowed the appeals and modified the High Court's judgment and review order, directing that the appellants also receive compensation at Rs. 6,50,000 per acre along with statutory benefits (such as solatium and interest). No order as to costs was made.

Lesson Learnt

When land is acquired under a single notification for one project, the law requires equal compensation for similarly placed landowners: a citizen whose land falls in the same acquisition as neighbours who already won a higher compensation rate is ordinarily entitled to the same rate, even if their own earlier round of litigation ended less favourably.

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