Shobha Singh v. National Thermal Power Corp. & Anr.
Background
The appellant's land was acquired for National Thermal Power Corporation, and the Collector initially fixed compensation at Rs. 242 per decimal. A Reference Court raised this to Rs. 6,000 per decimal, but the High Court, on appeal, set aside that figure as "wholly erroneous." The appellant then approached the Supreme Court. During the hearing, the respondents disclosed that other landowners whose land had been acquired for the same project had settled at Rs. 480 per decimal, and the appellant's counsel pointed to even higher settlements for others.
Decision Breakdown
The Supreme Court disposed of the appeal by directing that the appellant be paid land value at Rs. 480 per decimal along with all statutory benefits. It further directed that if, within one month, the appellant could show that similarly situated landowners in the vicinity had been granted higher rates by the first respondent, she would be entitled to that higher rate as well. The Court ordered that the amount due be paid within three months, with no order as to costs.
Lesson Learnt
In land acquisition disputes, courts often look at what similarly situated landowners in the same project received and apply parity/equality principles to ensure fair compensation, rather than leaving a claimant worse off than neighbours whose land was taken for the same purpose.