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Manibhai Mangalbhai Patel Constituted ... vs The Special Land Acquisition Officer ... on 11 April, 2018

Bench: Arun Mishra, Uday Umesh Lalit

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                                      IN THE SUPREME COURT OF INDIA
                                      CIVIL APPELLATE JURISDICTION
                                      CIVIL APPEAL NO(S).7458/2008


                      MANIBHAI MANGALBHAI PATEL     & ORS.           ..Appellant(s)

                                                     VERSUS


                      THE SPECIAL LAND ACQUISITION OFFICER & ANR. ..Respondent(s)

                                                     WITH

                                       CIVIL APPEAL NO(S).7541/2008


                                                  O R D E R

1. With respect to land acquisition, the Reference Court granted compensation at the rate of Rs.70/- per square meter enhancing from Rs.24/- per square meter granted by the Land Acquisition Officer. The High Court has set aside the order of Reference Court.

2. In the facts and circumstances of the case, considering the exemplars of 1972 on which reduction of 25% was already made by the Reference Court and, thereafter, only 8% increase was given per annum till the date of notification under Section 4 of the Land Acquisition Act, 1894, issued in the year 1980. In view of aforesaid circumstances, the amount determined by the Reference Court Signature Not Verified was just and proper.

BALA PARVATHI Date: 2018.04.16 10:40:18 IST Reason:  2

3. In the facts and circumstances of the case, we set aside the order passed by the High Court and restore that of the reference court.

4. In case amount has not been paid, same be made within three months from today along with statutory benefits.

5. The appeals are, accordingly, allowed. Pending applications, if any, stand disposed of.

................... J.

(ARUN MISHRA) ................... J.

(UDAY UMESH LALIT) NEW DELHI;

APRIL 11, 2018.

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ITEM NO.102                 COURT NO.10                 SECTION III

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Civil Appeal No(s).7458/2008 MANIBHAI MANGALBHAI PATEL & ORS. ..Appellant(s) VERSUS THE SPECIAL LAND ACQUISITION OFFICER & ANR. ..Respondent(s) WITH C.A. No. 7541/2008 (III) Date : 11-04-2018 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Appellant(s) Mr. E.R. Kumar,Adv.

Mr. Garav Sharma,Adv.

Ms. S.Lakshmi Iyer,Adv. Mr. Akash Jindal,Adv.

M/S. Parekh & Co., AOR For Respondent(s) Mr. R.S.Suri,Sr.Adv.

Mr. Lugman Hossain,Adv. Mr. Varun Khanna,Adv.

Mr. Chanchal Kumar Ganguli, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order.

     (B.Parvathi)                                 (Jagdish Chander)
     Court Master                                  Branch Officer

(Signed Order is placed on the file)