Munshiya (Dead) Thr Lrs. vs State Of U.P .

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9142 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 3502 OF 2017 ]

MUNSHIYA (DEAD) THR LRS. Appellant (s)

VERSUS

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

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. We find that the appellants are aggrieved since

their cases have been remanded by the High Court to

the Reference Court for fresh consideration, taking

note of the awards passed by the Coordinate Bench of

the Reference Court.

3. Apparently, this confusion has arisen because the

Reference in respect of the same Notification are

handled by different district courts.

4. We request the High Court, on the Administrative

Side, to look into this difficulty and see that the

References in respect of the same acquisition are

heard by the same Bench.

Signature Not Verified

5. Coming to the facts of this case, it cannot be of Digitally signed by JAYANT KUMAR ARORA Date: 2017.08.05 12:53:00 IST Reason: serious dispute that the adjacent land owners have

been granted compensation at the rate of Rs. 65/- per

sq. yard. That grant has become final since the 2

appeals and the Special Leave Petitions have been

dismissed.

6. In that view of the matter, we allow this appeal.

The appellants shall be entitled to the land value at

the rate of Rs. 65/- per sq. yard and shall also be

entitled to all statutory benefits.

7. We make it clear that the appellants shall not be

entitled to any statutory benefits for the period

covered by any delay, either before the High Court or

before this Court.

8. I.A.No.2 – the application for impleadment is

dismissed as withdrawn without prejudice to the

liberty available to the applicant to take recourse

to any other remedy.

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

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

New Delhi;

July 17, 2017.