B.A. Naik Since Deceased By His Lrs vs The State Of Karnataka The Special Land ...
- Neutral2017 INSC 608
Ratio decidendi
The rule this decision rests on
Where persons are similarly situated to parties in a connected matter concerning the same land acquisition, and this Court has awarded compensation at a particular rate to those similarly situated parties in a prior judgment in related proceedings, the appellants before the Court in the later matter are entitled to the same rate of compensation awarded in the earlier judgment, subject to the proviso that statutory benefits in respect of delay accrued either before the High Court or the Supreme Court shall not be granted.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8935-36 OF 2017 [@ SPECIAL LEAVE PETITION (C) NOs. 14964-14965 OF 2017 ] [@ SPECIAL LEAVE PETITION (C) CC NOs. 8333-8334 OF 2017 ]
B.A. NAIK SINCE DECEASED BY HIS LRS Petitioner(s)
VERSUS
THE SPECIAL LAND ACQUISITION OFFICER, UKP, BILAGI, KARNATAKA ETC. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are before this Court, aggrieved
by the order dated 15.06.2011 in M.F.A.No. 20926 of
2008 and order dated 25.10.2016 in Review Petition
No. 100027 of 2016 passed by the High Court of
Karnataka, Circuit Bench at Dharwad.
3. The issue pertains to the land acquisition. The
appellants were awarded the compensation at the rate
of Rs. 5,00,000/- (Rupees Five Lakhs) per acre with
statutory benefits. Though they attempted a review,
it was dismissed.
Signature Not Verified
4. In a connected matter in respect of the same Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.05 12:50:31 IST Reason:
acquisition, by our Judgment dated 28.11.2016 in
Civil Appeal No. 11359 of 2016 and other connected 2
matters, this Court has awarded compensation at the
rate of Rs. 6.5 Lakhs per acre along with statutory
benefits.
5. Having heard the learned counsel appearing for
the State, we find that the appellants before us are
also similarly situated persons as the appellants in
the disposed of civil appeals referred to above.
6. Accordingly, these appeals are allowed, directing
that the appellants herein shall be entitled to the
land value fixed at the rate of Rs. 6.5 Lakhs per
acre along with statutory benefits (including
interest). However, we make it clear that the
appellants shall not be entitled to any statutory
benefits in respect of the period of delay, either
before this Court or before the High Court, either in
appeal or in review.
No costs.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ R. BANUMATHI ]
New Delhi;
July 11, 2017.
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