In a complex legal battle over compensation in a land acquisition case, the High Court has overturned previous judgments based on a critical analysis of legal precedents. The court’s decision to restore the original compensation amount sheds light on the intricacies of land acquisition law. Learn more about the legal intricacies of this case and how the court’s analysis shaped the final outcome.
Facts
- The Land Acquisition Officer declared award dated 29.01.1981, awarding compensation at Rs. 3500/- per bigha.
- A notification under section 4 of the Land Acquisition Act, 1894, was issued for acquiring land of the original landowners in village Jasola, Delhi.
- The SLP filed by the Delhi Development Authority (DDA) in the Bhola Nath acquisition case was allowed by the Court on 08.12.2010, remanding the matter to the reference court.
- On remand, the compensation was determined at Rs. 250/- per sq. yard, later enhanced to Rs. 2000/- per sq. yard by the High Court in a subsequent judgment on 23.03.2016.
- The High Court allowed review petitions and recalled the judgment dated 19.10.2001 in RFA No 416/1986, setting aside the compensation at Rs. 2000/- per sq. yard based on the Bhola Nath case, as the earlier decision was overturned by the Supreme Court on 08.12.2010.
- The appellants immediately filed a recall application upon learning of the High Court’s decision on 12.05.2017, highlighting that the compensation in the Bhola Nath case had been increased to Rs. 2000/- per sq. yard again on 23.03.2016, and the SLP against this decision was dismissed on 06.04.2017.
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Analysis
- The reference court initially enhanced the compensation to Rs. 22000/- per bigha in 1986.
- In 2001, the High Court further increased the compensation to Rs. 2240/- per sq. yard based on its own decision in the Bhola Nath case.
- It is noted that by 2001, the SLP filed by the Union of India against the Bhola Nath case decision had already been dismissed in 1999.
- The High Court recalled the judgment and order dated 19.10.2001 in Regular First Appeals 416/1986 & 453/1986 based on the setting aside of judgment in the case of Bhola Nath.
- During the pendency of the review petitions, the High Court again decided the first appeals in the case of Bhola Nath on 23.03.2016 and determined compensation at Rs. 2000/- per sq. yard.
- The SLP filed by DDA against the judgment dated 23.03.2016 was dismissed by the Supreme Court on 06.04.2017.
- The High Court’s decision to allow the review applications based on the remand of first appeals was no longer valid due to subsequent developments and dismissal of SLP by the Supreme Court.
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Decision
- The High Court had previously passed a judgment and order dated 19.10.2001 increasing compensation to Rs. 2240/- per sq. yard based on the case of Bhola Nath (supra).
- Subsequently, the decision in the case of Bhola Nath was set aside and remanded in a judgment dated 08.12.2010.
- The original compensation determined in RFA Nos. 416/1986 and 453/1986 as per the judgment and order dated 19.10.2001 is ordered to be restored for payment to the claimants along with statutory benefits within twelve weeks.
- High Court later enhanced the compensation to Rs. 2000/- per sq. yard in a judgment dated 23.03.2016 which was confirmed by the Supreme Court as the SLP was dismissed.
- The review petitions recalling the judgment and order dated 19.10.2001 deserve to be quashed as the reasons given did not hold considering the subsequent developments.
- All appeals are allowed, and the impugned judgments and orders in the review petitions are quashed and set aside.
- Specifically, the judgments in R.P. No 309/2008, CMA No 23091/2017, and R.P. No 310/2008 in RFA Nos. 416/1986 and 453/1986 are nullified.
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Case Title: SH. RAM CHANDER (DEAD) THR LRS Vs. UNION OF INDIA (2022 INSC 450)
Case Number: C.A. No.-002926-002927 / 2022
