Sky High Agro Expo Pvt Ltd vs. Union of India & Anr. and connected matters
Background
The appellant's land in Village Bakkarwala, Delhi was acquired in 2005-06 at a compensation rate later found too low. Under Section 28A of the Land Acquisition Act, the appellant successfully got compensation re-determined once (in 2013) to match an earlier enhancement awarded to another similarly placed landowner. When compensation for the same acquisition was enhanced yet again by the High Court in a later case ("Jamna"), the appellant sought a second re-determination to match that higher figure, but the reference court refused, holding that having already benefited once from Section 28A, a second application was not maintainable and that the provision only protected "poor, illiterate" landowners.
Decision Breakdown
The High Court held the reference court's reasoning was wrong. Relying on a recent Supreme Court ruling, it held that even a second Section 28A application after a further High Court enhancement is maintainable, and that the "doctrine of merger" ensures that when one landowner's compensation is enhanced by an appellate court, other landowners whose land was acquired under the very same notification/award are equally entitled to that higher rate, regardless of whether they are "poor and illiterate" or industrialists, and regardless of an earlier round of enhancement already received.
Lesson Learnt
Landowners affected by the same acquisition notification are entitled to be treated equally, once any one of them wins an enhanced compensation rate on appeal, others in the same batch can claim the same higher rate, even after already receiving one round of enhancement.