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Sukhwant Kaur & Ors. v. State of Haryana & Anr.

Civil Appeal · 2016 INSC 964Decided 17 Oct 2016
Civil Appeal No. 10177 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellants' land had been acquired and compensation fixed by the High Court in a common judgment dated 01.05.2012. A related batch of appeals arising out of the very same impugned judgment (SLP (C) No. 29600-29602 of 2012) had already been decided by the Supreme Court, fixing an enhanced rate of compensation for similarly-situated landowners from the same acquisition. These appellants sought the same treatment.

Decision Breakdown

The Supreme Court granted leave and, following its own earlier order in the connected SLP arising from the same impugned judgment, held that the appellants were entitled to an additional Rs. 1,25,000 per acre over and above the compensation already awarded by the High Court. The Court also held the appellants entitled to the usual statutory benefits, except for any period covered by delay. The appeal was disposed of on these terms, with no order as to costs.

Lesson Learnt

When the Supreme Court fixes an enhanced compensation rate for one set of landowners affected by a particular acquisition, other similarly-situated landowners from the very same acquisition can expect the same enhanced rate to be extended to them for parity, subject to losing statutory benefits for any period of delay in pursuing their own claim.

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

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