Rajendra Singh (Deceased) Th. Lrs vs. State Of U. P

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3626 OF 2022 (Arising out of SLP (C)No. 8439 of 2022) (Arising out of SLP (C)D. No. 1521 of 2021)

WITH

VIRENDRA Appellant(s)

VERSUS

STATE OF U.P. & ORS. Respondent(s)

C.A. No. 3628/2022 (Arising out of SLP (C)No. 8441 of 2022) (Arising out of SLP (C)D. No. 3459 of 2021)

C.A. No. 3627/2022 (Arising out of SLP (C)No. 8440 of 2022) (Arising out of SLP (C)D. No. 2786 of 2021)

C.A. No. 3629/2022 (Arising out of SLP (C)No. 8442 of 2022) (Arising out of SLP (C)D. No. 10452 of 2021)

O R D E R

Delay condoned.

Leave granted.

We have heard the learned counsel for the appellants, learned counsel for the acquisition body as also learned counsel appearing for the respondent-State.

The challenge in the present appeals is against the fixation of compensation under the Land Acquisition Act. 1894. Digitally signed by Nidhi Ahuja Date: 2022.05.11 17:38:57 IST Reason: Signature Not Verified

1

The High Court has enhanced the compensation to the rate of Rs.29 per square yard.

It is not in dispute that this Court has already enhanced the rate of compensation to Rs.36 per square yard (CA No. 5004 of 2018) for the village in question. In such circumstances, we do not see any reason why the appellants should be denied the benefit of fixation of the market rate of Rs.36 per square yard. Accordingly, the appeals are disposed of as follows:

We modify the impugned judgments and direct that the appellants will be entitled to enhanced compensation at the rate of Rs. 36 per square yard. However, we make it clear that the appellants will not be entitled to interest for the period of delay on the enhanced compensation.

……………………………………………………………., J. [ K.M. JOSEPH ]

……………………………………………………………., J. [ HRISHIKESH ROY ]

New Delhi; May 04, 2022.

ITEM NO.8 COURT NO.10 SECTION III-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No. 3626/2022 (Arising out of SLP No. 8439 of 2022) (Arising out of SLP D. No. 1521 of 2021

VIRENDRA Appellant(s)

VERSUS

STATE OF U.P. & ORS. Respondent(s)

(With IA No.18294/2021-CONDONATION OF DELAY IN FILING and IA No.18298/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

WITH

C.A. No. 3628/2022 (III-A) (Arising out of SLP No. 8441 of 2022) (Arising out of SLP D. No. 3459 of 2021 (With IA No.48552/2021-CONDONATION OF DELAY IN FILING and IA No.48553/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

C.A. No. 3627/2022 (III-A) (Arising out of SLP No. 8440 of 2022) (Arising out of SLP D. No. 2786 of 2021 (With IA No.46696/2021-CONDONATION OF DELAY IN FILING and IA No.46697/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

C.A. No. 3629/2022 (III-A) (Arising out of SLP No. 8442 of 2022) (Arising out of SLP D. No. 10452 of 2021 (FOR ADMISSION and I.R. and IA No.78407/2021-CONDONATION OF DELAY IN FILING and IA No.78408/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 04-05-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY

For Appellant(s) Mr. Satpal Singh, AOR Mr. Ravindra Shankar Shukla, Adv. Mr. Govinda Choudhary, Adv.

For Respondent(s) Mr. Tanmaya Agarwal, AOR

Mr. Wrick Chatterjee, Adv.

Ms. Shefali Mitra, Adv. Mr. Ajit Kumar Ekka, AOR

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

Leave granted.

The appeals are disposed of in terms of the signed order.

Pending applications stand disposed of.

(NIDHI AHUJA) (RENU KAPOOR) AR-cum-PS BRANCH OFFICER [Signed order is placed on the file.]