(Nanak (Deceased) Through Lrs) Bhooley Ram Sharma vs New Okhla Industrial Development Authority & Anr.
- Neutral2018 INSC 891
Ratio decidendi
The rule this decision rests on
Where land situated in the same village and covered by the same notification for acquisition has been granted compensation at a particular rate by this Court in an earlier case, the principle of just and reasonable treatment requires that other landholders whose land is similarly situated and similarly notified must be granted the same rate of compensation, notwithstanding any difference in the individual proceedings.
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(S). 10013 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 165 OF 2017]
NANAK (DECEASED) THROUGH LRS Appellant (s)
VERSUS
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR. Respondent(s)
with
CIVIL APPEAL NO. 10014 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 947 OF 2017]
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are here for enhancement of
compensation in respect of the lands acquired for the
purpose of industrial development of NOIDA. It is
not in dispute that this Court has granted
compensation at the rate of Rs. 297/- per sq. yard in
respect of the land situated in the same village and
covered by the same notification.
Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Date: 2018.10.06 12:36:37 IST Reason:
3. Therefore, it is only just and reasonable that
the appellants are also granted the same
compensation. Ordered accordingly. 2
4. The respondents are directed to deposit the
amount of compensation at the rate of Rs. 297/- per
sq. yard along with all statutory benefits within
three months
5. In view of the above, the appeals are disposed
of.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ SANJAY KISHAN KAUL ]
New Delhi;
SEPTEMBER 26, 2018.
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