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Shivangouda Ninganagouda Keri (Since Deceased by His LRs.) v. Special Land Acquisition Officer, UKP, Bilagi District Bagalkot

Civil Appeal · 2018 INSC 68Decided 29 Jan 2018
Civil Appeal Nos. 1255-1256 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellants (legal heirs of the original landowner) sought enhanced compensation for land acquired for the Upper Krishna Project (UKP) in Bagalkot district, Karnataka, relying on the Supreme Court's earlier decision in Ravindra and Anr. vs. The Special Land Acquisition Officer, UKP, Bagalkot (28 November 2016), which had fixed land value at Rs. 6.5 lakhs per acre for similarly situated landowners in the same acquisition.

Decision Breakdown

Counsel for the respondent Land Acquisition Officer fairly conceded that the appellants were similarly situated to the claimants in the earlier Ravindra decision. The Supreme Court accordingly disposed of the appeals by directing that the appellants' land value be refixed at Rs. 6.5 lakhs per acre, consistent with the earlier ruling, but denied them any statutory interest for the period of delay in pursuing the claim, whether before the High Court or the Supreme Court, and awarded no costs.

Lesson Learnt

When a point of compensation has already been settled by the Supreme Court for a group of similarly situated landowners in the same acquisition, other affected owners can get the benefit of that same valuation simply by showing they are in an identical position, but delay in pursuing the claim can still cost them any interest on the enhanced amount.

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

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