Shobha Singh vs National Thermal Power Corp.& Anr
- SCC(2016) 16 SCC 665
- Neutral2016 INSC 185
Ratio decidendi
The rule this decision rests on
Where land acquired under eminent domain has been the subject of settlement agreements between the acquiring authority and other similarly situated landowners in the same vicinity at rates higher than those awarded by the Reference Court, a claimant is entitled to have her compensation fixed at the rate of such settlements, or at the minimum at the rate agreed in the most comparable settlement, with all statutory benefits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
NATIONAL THERMAL POWER CORP.& ANR. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The appellant is aggrieved by the land value fixed by the Collector in respect of the land acquired from her for the first respondent. The Collector fixed the land value at the rate of Rs. 242 per decimal.
2. In reference, the Reference Court fixed the land value at the rate of Rs. 6,000 per decimal.
3. The High Court, in appeal, found that the fixation by the Reference Court was wholly erroneous and thus, set aside the award passed by the Reference Court fixing the value at the rate of 6000 per decimal.
4. Aggrieved by the order passed by the High Court, the appellant is before this Court.
5. On behalf of the respondents, an additional counter affidavit dated 10.02.2016 was given in Court, bringing to the notice of the Court that in the case of several other persons, whose lands have been acquired for the first respondent, the parties have settled the matter by fixing the land value at the rate of Rs. 480 per decimal. According to the learned counsel for the appellant, there have been other settlements as well granting higher land value.
6. We dispose of this appeal, in the above circumtances, with the following directions :-
i) The appellant shall be entitled to have his land value fixed at the rate of Rs. 480 per decimal along with all statutory benefits.
ii) In case the appellant shows, within a period of one month from today, the first respondent that in the case of others who are similarly situated in the vicinity of the appellant, the first respondent has agreed for higher rates, such higher rates shall be granted to the appellant as well along with all statutory benefits. In any case, the needful shall be done and the amounts due to the appellant shall be paid to her within three months from today.
7. In view of the above, the civil appeals are disposed of with no order as to costs.
.......................J. [ KURIAN JOSEPH ]
.......................J. [ ROHINTON FALI NARIMAN ]
New Delhi;
February 17, 2016.
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free