2016 ALL SCR 908
SUPREME COURT
KURIAN JOSEPH AND ROHINTON FALI NARIMAN, JJ.
Sachichidanand Prasad & Ors. Vs. General Manager, National Thermal Power Corpn. & Anr.
Civil Appeal No.8463 of 2012,Civil Appeal No.8466 of 2012
1st March, 2016.
Petitioner Counsel: Mr. NAGENDRA RAI, Mr. SMARHAR SINGH, Mr. SHASHANK SAURABH, Mr. T. MAHIPAL
Respondent Counsel: Mr. VIKAS SINGH, Mr. S.K. DHINGRA, Ms. SHEFALI MITRA, Mr. GOPAL SINGH, Ms. VARSHA PODDAR
Land Acquisition Act (1894), S.6 - Fixation of land value - Collector fixed land value at rate of Rs.357/- per decimal - Similarly situated acquired lands valued at Rs.480/- per decimal - Appellants would also be entitled to the same value - If within period of one month appellants show that similarly situated lands were valued at higher rates, same shall be granted to appellants as well along with all statutory benefits. (Para 6)
JUDGMENT
KURIAN JOSEPH, J. :- The appellants are aggrieved by the land value fixed by the Collector in respect of the land acquired from them for the first respondent. The Collector fixed the land value at the rate of Rs.357/- per decimal.
2. In reference, the Reference Court fixed the land value at the rate of Rs. 1988/- per decimal.
3. The High Court, in appeal, found that the fixation by the Reference Court was wholly erroneous and thus, set aside the award passed by the Reference Court fixing the value at the rate of 1988/- per decimal.
4. Aggrieved by the order passed by the High Court, the appellants are before this Court.
5. On behalf of the respondents, an additional counter affidavit dated 18.02.2016 was given in Court, bringing to the notice of the Court that in the case of several other persons, whose lands have been acquired for the first respondent, the parties have settled the matter by fixing the land value at the rate of Rs. 480/- per decimal. According to the learned counsel for the appellants, there have been other settlements as well granting higher land value.
6. We dispose of these appeals, in the above circumstances, with the following directions :-
i) The appellants shall be entitled to have their land value fixed at the rate of Rs.480/- per decimal along with all statutory benefits.
ii) In case the appellants show, within a period of one month from today, the first respondent that in the case of others who are similarly situated in the vicinity of the appellants, the first respondent has agreed for higher rates, such higher rates shall be granted to the appellants as well along with all statutory benefits. In any case, the needful shall be done and the amounts due to the appellants shall be paid to them within three months from today.
7. In view of the above, the civil appeals are disposed of with no order as to costs.