Case Law Details
New Okhla Industrial Development Authority Vs Omvir Singh & Ors (Supreme Court of India)
Conclusion: The Hon’ble Supreme Court while decreasing the awarded compensation under Land Acquisition Act, held that the compensation determined on the basis of the Notification 5 years later, cannot be a yardstick for determining the compensation for the land which is acquired five years before and therefore, the claimants shall not be entitled to the same compensation as awarded with respect to the lands acquired after 5 years from the date of acquisition.
Facts: Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.01.2020, passed by the High Court of Judicature at Allahabad in First Appeal Defective No.308 of 2015, by which the High Court has rejected the said appeal after a period of approximately 16 years (as per the appellant, there was a delay of 26 years) by which the High Court has enhanced the compensation payable to the land owners to Rs.297/- per sq.yard, the appellant has preferred the present appeal.
The facts were that the land in question situated in Village Gheja Tilapatabad, Tehsil and Pargana Dadri, District Ghaziabad (now District Gautam Budh Nagar) was acquired for the planned development by the NOIDA, vide Notification issued under Section 4, dated 22.11.1982. A declaration under the provisions of Section 6 of the Land Acquisition Act, 1894 was issued on 23.11.1982. The possession of the acquired land was taken over by the State on 22.02.1983. The Land Acquisition Officer/Collector declared the Award dated 05.09.1983 and awarded/determined the compensation at Rs.30,000/ per bigha, relying upon the sale deed dated 02.11.1982 of certain parcels of land in the village itself. The father of the contesting respondents accepted the compensation. At the instance of the original owners – father of the contesting respondents, a Reference under Section 18 of the Land Acquisition Act, 1894 raising objections against the Award was made. The original claimants claimed compensation @ Rs.60,000/ per bigha. On contest, by a detailed judgment and order dated 04.05.1989, the Reference Court dismissed the said Reference along with other references. Review applications were filed which came to be dismissed in the year 1998. That after a period of 16 years from the date of rejection of the review applications in the year 2014/2015, the respondents filed the present first appeal before the High Court and relied upon the judgment in some other first appeals by which the compensation was enhanced to Rs.297/ per sq.yard. By the impugned judgment and order, the High Court has condoned the delay of 16 years, however it has denied the interest during the period of delay, and has enhanced the amount of compensation to Rs.297/ per yard. Hence, the present appeal at the instance of the NOIDA.
The Hon’ble Supreme Court observed that the acquisition is of the year 1982 and in all other relied upon cases the acquisition(s) is/are of the year 1986/88. In all those cases, where the amount of compensation has been determined @ Rs.297/ per sq. yard, the acquisition(s) is/are of the years 1986/1988 with respect to the Village Makanpur and other nearby villages acquired for the development of NOIDA/Ghaziabad. In the case of Narendra & Ors. [(2017) 9 SCC 426], this Court had enhanced the amount of compensation to Rs.297/ per sq.yard with respect to the land acquired in Village Makanpur and other surrounding villages acquired for the very same project, but with respect to the acquisition of the years 1986/1988. However, subsequently in the case of U.P. Awas Avam Vikas Parishad [(2022) 2 SCC 567] and after considering the decision of this Court in the case of Narendra & Ors. (supra) with respect to the village Makanpur and other surrounding villages situated at Village Prahladgarh, Village Jhandapur, Village Sahibabad, Village Arthala with respect to the acquisition of the year 1982, this Court has determined the compensation at Rs. 120/ per sq.yard. In the said decision, while refusing to accept the claim of Rs.297/ per sq.yard as awarded in the case of Narendra & Ors. (supra) which was with respect to the acquisition of 1988, this Court has observed that the compensation determined on the basis of the Notification 5 years later, cannot be a yardstick for determining the compensation for the land which is acquired five years before. This Court has also taken note of the fact that between the year 1982 and 1987/1988, development activities had been undertaken. Applying the law laid down by this Court in the case of U.P. Awas Avam Vikas Parishad (supra) to the present case, the claimants shall not be entitled to the same compensation as awarded with respect to the lands acquired after 5 years from the date of acquisition in the present case. In the present case, Section 4 Notification had been issued on 22.11.1982 and the relied upon decisions with respect to Village Makanpur and other villages are of the year 1986/88, which as observed by this Court in the aforesaid decision in the case of U.P. Awas Avam Vikas Parishad (supra), cannot be the basis. On above basis, the impugned judgment and order passed by the High Court awarding compensation @ Rs.297/- per sq. yard was held to be unsustainable and it was held that the original claimants shall be entitled to compensation at the rate of Rs. 120/- per sq. yard.
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