P. Manjula & Ors. Vs Special Land Acquisition Officer & Anr. (Supreme Court of India)
Summary: The Supreme Court partly allowed the appeal filed by P. Manjula and other landowners seeking enhanced compensation for acquired agricultural land. The dispute arose from the acquisition of land on 11 September 1997. The Land Acquisition Officer passed an award on 23 July 2001, and the reference court enhanced the compensation by its judgment dated 20 October 2008. The appellants subsequently sought further enhancement but filed their appeal after a delay of 2,537 days. The Karnataka High Court refused to condone the delay, holding that sufficient cause had not been established.
The appellants explained that financial hardship, substantial court fees and limited knowledge of legal procedures prevented them from approaching the High Court earlier. They submitted that they had received compensation in 2011 but could not arrange the necessary funds until October 2015. The Karnataka High Court found their explanations vague and unsupported by adequate evidence. Referring to judicial precedents concerning limitation, including Basawaraj v. Special Land Acquisition Officer, Sheo Raj Singh v. Union of India and Pathapati Subba Reddy v. Special Deputy Collector (LA), the High Court held that subsequent enhancement of compensation for similarly situated landowners was not, by itself, sufficient to justify condonation of an unexplained delay of nearly seven years.
Before the Supreme Court, the appellants sought parity with similarly placed co-owners whose land had been acquired in the same area. The Supreme Court noted that compensation at ₹105 per square foot had already been upheld in The Executive Engineer, KNNL v. Nagamma & Anr., Civil Appeal No. 7587 of 2021 and connected appeals, decided on 25 April 2024. In comparison, compensation for the appellants’ acquired lands had been fixed at ₹2,00,000 per acre for tank-fed land, ₹1,20,000 per acre for rain-fed land and ₹70,000 per acre for dry land. Considering the compensation already upheld for adjoining land, the Supreme Court held that the appellants were also entitled to compensation at ₹105 per square foot.
Accordingly, the Supreme Court allowed the appeal in part and modified the impugned judgment. It directed payment of compensation at ₹105 per square foot along with applicable statutory benefits, including interest. However, because of the delay in filing the appeal, the appellants were expressly denied interest for the delayed period. The Court directed that the enhanced compensation be released within four months. The ruling thus granted the appellants parity in compensation while excluding interest attributable to the delay.
Related Judgment – Karnataka High Court: The Karnataka High Court had earlier refused to condone the 2,537-day delay, holding that financial hardship and insufficiently supported explanations did not establish sufficient cause. Read the Karnataka High Court ruling on financial hardship and delayed land acquisition compensation appeals.
Cases Discussed
- Collector, Land Acquisition, Anantnag v. Mst. Katiji — (1987) 2 SCC 107.
- Dhiraj Singh (Dead) Through Legal Representatives v. State of Haryana — relied upon by the appellants regarding condonation of delay and parity in compensation.
- Basawaraj v. Special Land Acquisition Officer — considered regarding sufficient cause, diligence and limitation.
- Sheo Raj Singh v. Union of India — considered regarding judicial discretion in condoning delay.
- Pathapati Subba Reddy v. Special Deputy Collector (LA) — considered regarding limitation and unexplained delay.
- The Executive Engineer, KNNL v. Nagamma & Anr. — Civil Appeal No. 7587 of 2021 and connected appeals, decided on 25 April 2024; expressly relied upon by the Supreme Court for compensation parity.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Leave granted.
2. Heard learned counsel for parties and carefully perused the material placed on record.
3. We find that the similarly placed co-owners were granted compensation at the rate of Rs.105/- per sq. ft. and that rate of compensation has been upheld by this Court in Civil Appeal No.7587/2021 and other connected appeals, titled as “The Executive Engineer, KNNL vs. Nagamma & Anr.”, decided on 25.04.2024. On the other hand, the compensation amount for the appellants was fixed at the rate of Rs.2,00,000/- per acre for the acquired tank fed lands, Rs.1,20,000/- per acre for the rain fed lands and Rs.70,000/- per acre for the dry lands.
4. In view of the fact that the higher compensation of Rs.105/- per sq. feet awarded by the High Court for the adjoining land has already been upheld by this Court in Civil Appeal No.7587/2021 and other connected appeals, we are satisfied that the appellants are also entitled to the compensation at the above-mentioned higher rate.
5.Accordingly, the appeal is allowed in part, the impugned judgment is modified and the appellants are also held entitled to compensation at the rate of Rs.105/- per sq. ft. for their acquired land along with all the statutory benefits, including interest. However, since there is a delay in filing the appeal, it is clarified that the appellants shall not be entitled to any interest for the delayed period. The higher amount of compensation shall be released to the appellants within a period of four months.
Leave granted.
The appeal is allowed in part in terms of the signed order.
