Supreme Court of India

RAJA RAM & ORS.versusUNION OF INDIA & ANR.

Citation: 2014 INSC 222
Decided: 28 March 2014
Disposal: Dismissed
Bench: B S CHAUHANJASTI CHELAMESWAR

Holding

The prayer for enhancement of compensation under Section 23 of the Land Acquisition Act, 1894 is declined and the appeals are dismissed.

Summary

The case concerned appeals and special leave petitions filed by Raja Ram and others challenging the award of compensation under Section 23 of the Land Acquisition Act, 1894, seeking enhancement of the amount payable. The respondents, Union of India and others, contended that the compensation awarded by the acquiring authority was in accordance with law. The Delhi High Court had earlier dismissed the petition, and the appellants approached the Supreme Court. The Supreme Court observed that a recent decision in Civil Appeal No. 6251 of 2010 had settled the question of enhancement of compensation under Section 23. Relying on that precedent, the Court declined the prayer for enhanced compensation and dismissed the appeals and the accompanying special leave petitions. Consequently, the compensation awarded by the acquiring authority stood as is.

Issues considered

Whether a claim for enhancement of compensation under Section 23 of the Land Acquisition Act, 1894 is maintainable in view of the precedent set by Civil Appeal No. 6251 of 2010.

Legislation cited

Land Acquisition Act, 1894s. 23

Subjects

Land Acquisition ActSection 23CompensationEnhancement of compensationAppeal dismissedSupreme CourtCivil Appeal No. 6251 of 2010

Judgment

                        [2014) 4 S.C.R. 262


A                       RAJA RAM & ORS.
                                  v.
                       UNION OF INDIA & ANR.
                (Civil Appeal No. 4620 of 2009 etc.)
                         MARCH 28, 2014
B
       [DR. B.S. CHAUHAN AND J. CHELAMESWAR, JJ]

        Land Acquisition Act, 1894:

c       s.23 - Compensation - Claim for enhancement of
    compensation - Held: In view of the judgment in C.A. No.
    6251 of 2010, the prayer is declined.

      CIVIL APPELLATE JURISDICTION : Civil Appeal No.
D 4620 of 2009.

        From the Judgment and Order dated 30.11.2007 of the
    High Court of Delhi in Land Acquisition Appeal No. 92 of 2007.

                                  WITH
E Civil Appeal Nos. 4622, 4624 and 4623 of 2009.

    SLP (Civil) Nos. 18981, 18982, 18983 and 18984 of 2008.

      Priya Hingorani, Hingorani & Associates, Shobha, lndar
F Singh, Jyoti Rana, Prasanna Mohan, Satpal Singh for the
  Appellants.

       Puneet Taneja, Shweta Shalini, Dr. Kailash Chand,
  Rachna Srivastava, Utkarsh Sharma, Pratiksha Chaturvedi for
G the Respondents.




                                262
H
   RAJA RAM & ORS. v. UNION OF INDIA & ANR.             263

       The Judgment of the Court was delivered by              A
       DR. B.S. CHAUHAN, J.

    In view of the judgment in Civil Appeal No.6251 of 2010,
the abovesaid appeals and special leave petitions are
accordingly dismissed.                                         B

R.P.                             Appeals & SLPs dismissed.

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