Today’s detailed judgment in a significant land acquisition compensation case highlights the legal intricacies involved in such matters. The court’s thorough analysis and decision provide valuable insights into the complexities of determining fair compensation. This case serves as an important reference for understanding the legal aspects of land acquisition disputes and compensation issues.
Facts
- Landowners aggrieved and dissatisfied with the judgment and order dated 14.08.2012 passed by the High Court of Judicature at Allahabad in First Appeal No 319 of 1994.
- High Court allowed the appeal by original landowners and enhanced compensation from Rs.6/- per square yard to Rs.28.12 per square yard.
- Special leave petition filed by the original landowners against the impugned judgment.
Also Read: Judicial Review of Delayed Writ Petition
Analysis
- Delay of approximately six years in preferring the special leave petition.
- No sufficient cause has been shown to explain the huge delay of six years.
- Under the circumstances and in view of the decision of this Court in the case of Baljeet Singh (dead) through Lrs. & Others v. State of U.P. and others, reported in (2019) 15 SCC 33, the present special leave petition is required to be dismissed on the ground of delay itself.
- The delay in payment of compensation cannot be justified even with the cause shown
- After the High Court passed the judgment enhancing compensation to Rs. 28.12 per square yard, the respondents accepted and deposited the entire amount awarded
- The landowners also received the compensation in 2013, indicating acceptance of the High Court’s judgment
Also Read: Ownership Dispute: Legal Analysis on Admission and Decree
Decision
- Detailed judgment and order pronounced today in Civil Appeal Nos. 5738-5739 of 2021 and Civil Appeal No. 5740 of 2021.
- Compensation determined at the rate of Rs. 28.12 per square yard for lands acquired for the purpose specified in the 1976 notification under Section 4 of the Land Acquisition Act.
- Special leave petition dismissed on grounds of delay and on merits.
- Petitioners found to have no case on merits.
Also Read: Interpretation of Statutory Limitation under Section 263(2)
Case Title: BIHARI (DEAD) THRU LR Vs. THE STATE OF UTTAR PRADESH (2021 INSC 533)
Case Number: SLP(C) No.-027879 / 2018
