MIR SINGH AND ORS.versusUNION OF INDIA
- Citation
- 1995 INSC 766
- Decided
- 21 November 1995
- Disposal
- Dismissed
Holding
The uniform compensation rate of Rs 12 per square yard is proper; no justification exists to grant the appellants a higher rate.
Summary
The appellants' land, covering 966 bighas, was acquired under Section 4(1) of the Land Acquisition Act, 1894, with a notification dated 24 October 1961. The Delhi High Court fixed compensation at Rs 12 per square yard (Rs 12,000 per bigha), following the uniform rate applied in the earlier Sanwalia case. The appellants argued that because their notification was later (1961 versus 1959 in Sanwalia), they should receive a higher rate due to the lapse of time. The Supreme Court held that the High Court’s uniform rate was justified and there was no basis to differentiate the appellants’ lands for a higher award. Consequently, the appeal was dismissed without costs.
Issues considered
- Whether the appellants are entitled to a higher compensation rate because their acquisition notification was issued later than that in the Sanwalia case.
Legislation cited
- Land Acquisition Act, 1894s. 4(1)
Subjects
Judgment
A MIR SINGH AND ORS.
v.
UNION OF INDIA
NOVEMBER 21, 1995
B [K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.)
Land Acquisition Act, 1894 :
Award of compensation-Unifonn rate detennined by High Court for
C all lands-Held, no justification to grant higher rate in respect of some of the
lands.
For certain lands acquired the compensation was ultimately deter-
mined by the High Court @ Rs. 12 per sq. ft. Dissatisfied the appellants
have preferred the present appeal.
D
It was contended that the decision based on which the High Court
determined the compensation @ Rs. 12 per sq. ft. related to 1959 notifica-
tion and since in the present case the notification was of 1961, the appel-
lants were entitled to higher compensation due to lapse of time.
E Dismissing the appeal, this Court
HELD : The High Court has awarded the uniform rate to all the
lands at Rs. 12,000 per bigha, i.e., Rs. 12 per sq. yd. There is no justification
to distinguish the other cases from that of the appellants to grant en-
F hanced compensation. [539-B-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 282 of
1985.
From the Judgment and Order and Decree dated 23.7.84 of the Delhi
G High Court in RF.A. No. 16 of 1978.
P.P. Juneja for the Appellants.
Ms. Shashi Kiran for B.K. Prasad for the Respondent.
H The following Order of the Court was delivered :
538
MIR SINGH v. U.0.1. 539
In this case, notification under section 4(1) of the Land Acquisition A
acquiring a large extent of land of 966 bighas was published on October
24, 1961. Ultimately, the High Court granted @ Rs. 12 per sq. yd. i.e., Rs.
12,000 per bigha. The High Court followed the decision in Sanwalia & Ors.
v. Union of India. It is stated by Mr. P.P. Juneja, learned counsel for the
appellants, that the notification of the lands covered in the Sanwalia' case
is July 13, 1959. Since the notification of the appellants' land is of October
B
19, 1961, they are entitled to higher compensation due to lapse of time. We
find it very difficult to accept the contention. The High Court has awarded
the uniform rate to all the lands at Rs. 12,000 per bigha, i.e., Rs. 12 per sq.
yd. We do not find any much justification to distinguish the other cases
from that of the appellants to grant enhanced compensation. The appeal C
is, therefore, dismissed; No costs.
G.N. Appeal dismissed.
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.