Arun Kumar and Ors Etc Etc vs Union of India Thru Land Acquisition Officer

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9845-9858 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 9497-9510 OF 2016 ]

ARUN KUMAR AND ORS ETC Appellant (s)

VERSUS

UNION OF INDIA ETC. Respondent(s)

WITH

CIVIL APPEAL NO. 9859-9860 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 9513-9514 OF 2016 ]

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellants approached this Court aggrieved by

the insufficiency of the compensation of their lands

acquired by the respondents. The notice in this case

was limited to the entitlement of enhancement based

on cumulative basis. The notice reads as follows :-

“.......

Issue notice in both the Special

Leave Petitions limited to the claim

for enhancement on the basis of 15%

annual increase cumulatively, as has Signature Not Verified

been granted in other cases.” Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.05 12:33:17 IST Reason:

3. There is no dispute that in similar cases, the

enhancement was granted by this Court with the 2

compensation calculated on the basis of 15% increase

on cumulative basis. Therefore, these appeals are

allowed and the Judgment, as far as the annual

increase is concerned, shall stand substituted as

follows :-

“All the appellants will be entitled to 15%

increase at Rs. 192 per sq. yard for the

gap period of two years and six months on

cumulative basis.”

There shall be no order as to costs.

Pending interlocutory applications, if any, stand

disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

July 28, 2017.

3

ITEM NO.11 COURT NO.6 SECTION IV-B

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

Petition(s) for Special Leave to Appeal (C) No(s). 9497-9510/2016

(Arising out of impugned final judgment and order dated 22-09-2015 in RFA No. 1484/2003 RFA No. 1485/2003 RFA No. 1486/2003 RFA No. 1487/2003 RFA No. 2007/2003 RFA No. 1489/2003 RFA No. 1490/2003 RFA No. 2006/2003 RFA No. 1090/2013 RFA No. 1498/2003 RFA No. 2008/2003 and impugned judgment and final order dated 19-10-2015 in RFA No. 1488/2009 and impugned judgment and final order dated 16-11-2015 in RFA No. 1750/2003 and RFA No. 3854/2003 passed by the High Court Of Punjab & Haryana At Chandigarh)

ARUN KUMAR AND ORS ETC Petitioner(s)

VERSUS

UNION OF INDIA ETC. Respondent(s) WITH

SLP(C) No. 9513-9514/2016 (IV-B)

Date : 28-07-2017 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Mr. Amrendra Sharan, Sr. Adv.

Mr. Piyush Hans, Adv.

Ms. Apradhita Mukherjee, Adv. Mr. B. S. Gautam, Adv.

Mr. Ravindra Bana, AOR

Dr. Shiva Sharma, Adv.

Mr. Rachit Batra, Adv.

Mr. Daya Krishan Sharma, AOR

For Respondent(s) Mr. Sangram S. Saron, Adv.

Mr. Shree Pal Singh, AOR

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

Leave granted.

The appeals are allowed in terms of the signed non-reportable

Judgment 4

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)