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Supreme Court of India

ASHOK KUMAR & ORS.versusUNION OF INDIA & ANR.

Citation
2016 INSC 1079
Decided
29 November 2016
Disposal
Disposed off

Holding

The Court held that, given the identical factual circumstances, the appeals should be decided by applying the compensation awards and principles laid down in the earlier Supreme Court judgments, and the delay in filing the appeals was condoned.

Summary

The appellants, landowners whose properties were acquired under the Land Acquisition Act, 1894, filed multiple civil appeals seeking compensation. The Supreme Court noted that the factual matrix of each appeal—location of the land, acquisition notifications, and prior compensation determinations—mirrored earlier landmark decisions: Suresh Prasad, Charan Singh, and Impulse India. Relying on those precedents, the Court condoned the delay in filing the appeals and awarded compensation identical to the amounts fixed in the respective earlier cases, along with statutory benefits and interest. The Court held that further fact‑finding was unnecessary as the cases were analogous. Consequently, the appeals were disposed of in favor of the appellants, granting them the stipulated compensation per acre.

Issues considered

  • What is the appropriate quantum of compensation for land acquired under the Land Acquisition Act, 1894 in the present appeals?
  • Whether the delay in preferring the appeals should be condoned?
  • Whether the appeals can be decided by applying the ratios of earlier Supreme Court decisions with identical factual circumstances.

Legislation cited

Subjects

Land acquisitionCompensationLand Acquisition Act, 1894Delay condonationSupreme Court precedentInterest on compensationStatutory benefits

Judgment

                        [2016] 9 S.C.R. 897



                    ASHOK KUMAR & ORS.                                   A
                                 v.
                    UNION OF INDIA & ANR.
                  (Civil Appeal No.I 0831 of2016)
                       NOVEMBER29, 2016                                  B

           [DIPAK MISRA AND AMITAVA ROY, JJ.]
      Land Acquisition Act, 1894:
       Compensation - All relevant facets i.e. location of the land in
village Masoodabad, notifications for acquisition under the 'Act'        c
as well as the quantification of compensation awarded by the Land
Acquisition officer, Reference Court and High Court are the same
as in the Supreme Court decision in Suresh Prasad case - Therefore,
appellants· granted same compensation i.e. Rs.24 lacs per acre along
with other statutory benefits under the Act including interest as
                                                                         D
payable in terms of the above decision.
       Compensation -All relevant facets i.e. location of the land in
village, Bamnoli, notifications for acquisition under the 'Act' as
well as the quantification of compensation awarded by the Land
Acquisition officer, Reference Court and High Court are the same
as in the Supreme Court decision in Charan Singh case - Therefore,       E
appellants granted same co111pensation i.e. Rs.25 lacs per acre for
land in Block 'A' and Rs. 22 lacs per acre for land in Block 'B'
along with other statuto1y benefits under the Act including interest
as payable in terms of the above decision.
      Compensation - All relevant facets i.e. location of the land in    F
village Bijwasan, Pochanpur and Bharthal, notifications for
acquisition under the 'Act' as well as the quantification of
compensation awarded by the Land Acquisition officer, Reference
Court and High Court are the same as in the Supreme Court decision
in Impulse India case - Therefore, appellants granted same               G
compensation i.e. Rs.21 lacs per acre for land in Block 'A' and
Rs.19 lacs per acre for land in J!lock 'B' along with other statutory
benefits under the Act including interest as payable in terms of the
above decision.
      Suresh Prasad@ Hari Kishan & Ors. v. Union of India                H
                                 897
898             SUPREME COURT REPORTS                       (2016] 9 S.C.R.


A            & Am: (2.Q16) 12 SCALE 402; Charan Singh & Ors.
             Etc. v. Union of India & Am: (2016) 12 SCALE 400;
             Impulse India Pvt, Ltd. v. Union of India & Anr: (2016)
             12 SCALE 396 - followed.
                              Case Law Reference
B            (2016) 12 SCALE 402               followed        Para2
             (2016) 12 SCALE 400               followed        Para4
             (2016) 12 SCALE 396               followed        Para6
           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10831
C     of2016.
            From the Judgment and Order dated 01.02.2012 of the High Court
      of Delhi in L.A. Appeal No. 503 of2011
                                      WITH
D             C. A. Nos. 10832, 10833, 10834, 10835, 10836, 10838, 10839,
      · 10840, 10843, 10844, 10845, 10846, 10847, 10848, 10849, 10850of2016.
            Arvind Kumar Sharma, Dev Prakash Bhardwaj, Advs. for the
      Appellants.
             R. Balasubramaniam, Ananya Mishra, Santosh Kumar, Ms. Aarti
 E    Sharma, Shadman Ali, G. Ramakrishna Prasad, M. K. Maroria (For D.
      S. Mahra), Vishnu B. Saharya, Viresh B. Saharya (For Mis. Saharya &
      Co.), Ashwani Kumar, Rahul Bhatia, Ms. Garima Prashad, Ms. Rachana
      Srivastava, Ms. Monika, Sukrit R. Kapoor, Govind Goel, Ankit Goel,
      Karri Venkata Reddy (For Dr. Kailash Chand), Ms. Shashi Kiran,
 F    Abhiuday Chandra, Advs. for the Respondents.
             The Judgment of the Court was delivered by
          _,...AMITAVAROY, J. I. Heard Mr. Arvind Kumar Shanna, learned
      cou-;;sel for the' appellants and Mr. R. Balasubramaniam, Mr. Vishnu B.
      Saharya, Ms. Rachna Srivastava, Ms. Shashi Ki ran, Mr. Ashwani Kumar,
G     Mr. Govind Goel an~ Ms. Garima Prashad, learned counsel for the
      respondents.
             (A) C.A. No. 10838 of 2016 @ SLP (C) No. 32064 of 2015,
             C.A. No. 10839 of 2016 @ SLP (C) N'o. 32065 of 2015, C.A.
             No. 10840 of 2016 @ SLP (C) No. 32066 of 2015.and C.A.
H            No. 10843 of 2016 @ SLP (C) No. 32059 of 2015
      ASHOK KUMAR & ORS. v. UNION OF INDIA & ANR.                                 899
                  fAMITAVA ROY, J.l

        2. It is submitted at the Bar, that the verdict rendered by this           A
 Court in Civil Appeal No.1726 of2015 (dated 18.03.2015)-Suresh
 Prasad@, Hari Kishan & Ors. Vs. Union of India & Anr., deciding
 the same along with a batch of appeals would adequately answer the
 issues raised herein, as the all relevant facets i.e. locatio11 of the land in
 village Masoodabad, notifications for acquisition under the Land
                                                                                   B
 Acquisition Act, 1894 (for short, the' Act') as well as the quantification
 of the compensation awarded by the Land Acquisition Officer, Reference
 Court and the High Court ar~ same. In this view of the matter further
 dilation of individual facts is considered inessential.
        3. On a consideration of the explanation offered, the delay involved
 in preferring the appeals, in the singular facts and circumstances, is hereby     c
 condoned. The amount of compensation as granted by this Court in
 Suresh Prasad (supra) is also awarded to the appellants i.e. Rs.24 lacs
 per acre. Needless to say, the appellants would be entitled to all statutory
 benefits under the Act including interest as payable in terms of the above
 decision.                                                                         D
                 -·
        (B)C.A. NO. 10831 of 2016 @ SLP(C) No.22231/2015,
            C.A. NO. 10832 OF 2016 @ SLP(C) No.22232/2015,
            C.A. NO. 10833 OF 2016'@ SLP(C) No.22233/2015,
            C.,A.. NO. 10834 OF 2016 @ SLP(C) No.22238/2015,                       E
            C.A. NO. 10835 OF 2016 @ SLP(C) No.22239/2015,
            C.A. NO. 10836 OF 2016 @ SLP(C) No.30715/2015,
            C.A. NO. 10844 OF 2016 @ SLP(C) No.30714/2015,
            C.A. NO. 10845 OF 2016 @ SLP(C) No.23491/2015,                         F

           C.A. NO. 10846 OF 2016 @ SLP(C) No.22229/2015 and
            C.A. NO. 10847 OF 2016 @ SLP(C) No.31571/2015.
         4. It is submitted at the Bar that the ruling by this Court in Civil
  Appeal Nos. I 0982-11033 of 2014 (dated 11.12.2014)- Charan Singh                G
  & Ors: Etc. Vs. Union of India & Am., deciding the same along with
  a batch of ap'}:>eals would adequately address the issues raised herein, as
_ the all relevant facets i.e. location of the land in vtllage Bamnoli,·
  notifications for acquisition under the Act as well as the quantification of
  the compensation awarded by the Land Acquisition Officer, Reference
                                                                                   H
900             SUPREME COURT REPORTS                               [2016] 9 S.C.R.



A     Court and the High Court are same. In this view of the matter further
      dilation of individual facts is considered inessential.
             5. On a consideration of the explanation offered, the delay involved
      in preferring the appeals, in the singular facts and circumstances, is hereby
      condoned. The amount of compensation as granted by this Court in
 B    Charan Singh (supra) is also awarded to the appellants i.e. Rs.25 lacs
      per acre for land in Block 'A' and Rs.22 lacs per acre for land in Block
      'B'. Needless to say, the appel Iants would be entitled all statutory benefits
      under the Act including interest as payable in terms of the above decision.
             (C) C.A. NO. 10848 OF 2016 @ SLP(C) No. 27290/2015,
 C           C.A. NO. 10849 OF 2016 @ SLP(C) No. 29681/2015 and
             C.A. NO. 10850 OF 2016 @ SLP(C) No. 12343/2015.
             6. It is submitted at the Bar that the decision rendered by this
      Court in Civil Appeal No. 2091 of2014 (dated 13.02.2014)- Impulse
      India Pvt. Ltd. Vs. Union of India & Anr., deciding the same along
 o    with a batch of other appeals would adequately cover the issues raised
      herein, as the all relevant facets i.e. location of the land in village Bijwasan,
      Pochanpur and Bharthal, notifications for acquisition under the Act as
      well as the quantification of the compensation awarded by the Land
      Acquisition Officer, Reference Court and the High Court are same. In
      this view of the matter further dilation of individual facts is considered
 E    inessential.
            7. On a consideration of the explanation offered, the delay involved
     in preferring the appeals, in the singular facts and circumstances, is hereby
     condoned. The amount of compensation as granted by this Court in
     Impulse India Pvt. Lt<l (supra) is also awarded to the appellants i.e.
 F • Rs.21 lacs per acre for land in Block 'A' and Rs.19 lacs per acre for
     land in Block 'B'. Needless to say, the appellants would be entitled all
     statutory benefits under the Act including interest as payable in'terrns of
     the above decision.
            8. The appeals had been analogously heard and have thus been
 G    disposed of in the above terms. Costs easy.


      Ankit Gyan                                                     Appeals disposed of.


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