Harbhajan Kumar(D) Tr.Lrs.& Ors vs Collector Laq & Colonization Dept.& Anr
- CitationAIRONLINE 2013 SC 555
Ratio decidendi
The rule this decision rests on
Where land acquisition compensation has been determined by a Land Acquisition Officer in similar circumstances to those addressed in a binding precedent of this Court establishing the appropriate compensation rate, the award must be modified to align with the rate established in that precedent.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Application for substitution is allowed. Leave granted.
2. Heard Mr. R.K. Kapoor, learned counsel in support of this appeal and learned counsel appearing for the Collector, Land Acquisition Department of the State of Punjab. The appellants are seeking enhancement of compensation for the acquisition of their land. When this appeal came up for hearing before this Court earlier on 4.1.2013, it was directed to be tagged with SLP(C) No.1678-1697 of 2010. The appeals arising out of those special leave petitions and some other petitions have come to be allowed by this Court by its judgment in Ashrafi and Ors. Vs. State of Haryana and Ors., reported in (2013) 5 SCC 527. In paragraph 40 of the said judgment to which one of us (Chelameswar, J.) is a party, the compensation amount has been enhanced to Rs.7,25,000/- per acre.
3. Since the present appeal is against a similar order passed by the Land Acquisition Officer, we allow this appeal. The award of the Land Acquisition Officer will stand modified and the appellants will be entitled to compensation at par at the rate of Rs.7,25,000/- per acre. This appeal is disposed of accordingly.
..........................J (H.L. GOKHALE)
.........................J (J. CHELAMESWAR)
New Delhi;
August 8, 2013.
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