Supreme Court - Daily Orders
Mahendra Singh Bagga vs State Of U.P &Amp Anr on 19 November, 2015
Author: Chief Justice
Bench: Chief Justice, S.A. Bobde, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13520 OF 2015
(Arising out of SLP(C) No.39306 of 2013)
MAHENDRA SINGH BAGGA .. APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH AND ANR. .. RESPONDENT(S)
WITH
CIVIL APPEAL NO. 13521 OF 2015
(Arising out of SLP(C) No.39500 of 2013)
SARAN KAUR .. APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH AND ANR. .. RESPONDENT(S)
O R D E R
1. Leave granted.
2. These appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench in First Appeal Nos.12 and 13 of 2000, dated 06.09.2013.
Signature Not Verified Digitally signed by Charanjeet Kaur Date: 2015.11.24 18:28:02 IST Reason: 2
3. For convenient disposal of matters, we would only notice facts in Civil Appeal @ S.L.P. (C) No.39306 of 2013.
4. Brief facts: State Government issued a notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) dated 08.03.1985 to acquire land measuring 6 bighas, 19 biswa and 18 biswansi at village Aurangabad Khalsa, Pargana Bijnor Tehsil, District Lucknow for the purpose of “Kanpur Road City Expansion Scheme Part III”. Declaration under Section 6 of the Act came to be issued on 11.03.1985.
5. The Land Acquisition Collector (for short, “the LAC”) determined the compensation payable for the acquired lands at Rs.1.72/- per sq. ft., by award dated 07.03.1987.
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6. The claimants, not being satisfied with the compensation awarded by the LAC, approached the LAC and sought for a reference under Section 18 of the Act to the Reference Court for enhancement in the amount of compensation.
7. The Reference Court enhanced the compensation to Rs.4.50/- per sq. ft., by order dated 30.05.2000.
8. Aggrieved by the aforesaid judgment and order of the Reference Court, the appellant-herein filed an appeal before the High Court.
9. The High Court upheld the compensation awarded by the Reference Court and allowed the appeal in part by holding that claimants are entitled for the same interest on solatium as awarded on the compensation amount, by order dated 06.09.2013. 4
10. Aggrieved by the aforesaid judgment and order passed by the High Court, the appellant is before us in this appeal.
11. We have heard the learned counsel for the parties to the lis.
12. After going through the impugned judgment and order passed by the High Court as well as the Trial Court and in view of the peculiar facts and circumstances of the case, we are of the considered opinion that ends of justice would be met if we increase the compensation to the rate of Rs.8.00/- per square feet.
13. Accordingly, we modify the judgment and order passed by the High Court and grant compensation at the rate of Rs.8.00/- per square feet. The appellant would be entitled to all consequential statutory benefits on the amount so awarded by us.
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14. In the result, the Civil Appeal is allowed in terms of the order passed above. Civil Appeal @ S.L.P. (C) Nos.39500 of 2013
15. In view of the disposal of Civil Appeal @ S.L.P. (C) Nos.39306 of 2013, this appeal is also disposed of on the same terms, conditions, observations and directions.
Ordered accordingly.
.............CJI.
[ H.L. DATTU ] ...............J. [ S.A. BOBDE ] ...............J. [ ARUN MISHRA ] NEW DELHI, NOVEMBER 19, 2015.
ITEM NO.6 COURT NO.1 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 39306/2013
(Arising out of impugned final judgment and order dated 06/09/2013 in FA No. 12/2000 passed by the High Court Of Judicature at Allahabad, Lucknow Bench) MAHENDRA SINGH BAGGA Petitioner(s) VERSUS STATE OF U.P & ANR Respondent(s) (With appln. for permission to file additional documents) WITH SLP(C) No. 39500/2013 (With appln.(s) for permission to file additional documents and Office Report) Date : 19/11/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Mahabir Singh, Sr. Adv.
Mr. Parmatma Singh, Adv. Mr. Mayank Jain, Adv.
Mr. Madhur Jain, Adv.
Ms. Reeta Chaudhary, Adv. Mr. Pawanshree Agrawal,Adv.
For Respondent(s) Mr. Vinay Garg,Adv.
Mr. Tanmay Agrawal, Adv. Mr. Upendra Mishra, Adv. Mr. Uday Singh, Adv.
Mr. P.N. Misra, Sr. Adv. Mr. Som Raj Choudhary, Adv. Mr. Abhisth Kumar,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.2
The appeals are allowed/disposed of in terms of the signed order.
As a sequel to above order, all applications are disposed of.
[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar [ Signed order is placed on the file ]