Learned counsel appearing on behalf of the appellant (NOIDA) has vehemently submitted that there was a huge delay of 22 years in preferring the appeals by the land owners, which ought not to have been condoned by the High Court.
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
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It is submitted that in any case when it has been found that the land owners shall be entitled to compensation at Rs.149/- per sq.yard considering the decision of this Hon’ble Court in the case of New Okhla Industrial Development Authority (NOIDA) VS.
By the impugned common judgment and order the High Court after condoning the delay of 22 years in preferring the appeals has enhanced the amount of compensation to Rs.149/- per sq.yard at par with the land owners in the case of Deo Karan & Ors.
Also Read: https://newslaw.in/supreme-court/final-decision-and-disclosure-in-collegium-meetings/
Under the circumstances in the appeals preferred by the NOIDA questioning the determination of the compensation at Rs.149/- per sq.yard, the land owners cannot be permitted to say that they are entitled to the enhanced amount of compensation over and above Rs.149/- per sq.yard. 2
Even otherwise as rightly observed by the High Court, the land owners are not entitled to the compensation at Rs.297/- per sq.yard considering the decision of this Court in the case of Nanak (Deceased) through LRS.
Therefore, while condoning the delay and enhancing the amount of compensation at par with other land owners, the High Court ought not to have saddled the liability upon the appellant to pay statutory benefits and the interest payable under the Land Acquisition Act, 1894 for the delayed period.
The impugned common judgment and order passed by the High Court passed in respective appeals is hereby partly allowed to the aforesaid extent denying the statutory benefits and the interest which may be payable under the Land Acquisition Act, 1894 for the period between the judgment and award passed by the Reference Court i.e. However, in the facts and circumstances of the case, there shall be no order as to costs.
Case Title: NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR (2022 INSC 1213)
Case Number: C.A. No.-008331-008345 / 2022
