Supreme Court - Daily Orders
N.D.Sharma vs Union Of India . on 13 January, 2016
Author: Anil R. Dave
Bench: Anil R. Dave, Shiva Kirti Singh, Adarsh Kumar Goel
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4943 OF 2006
N.D.SHARMA & ORS. ... APPELLANT(S)
VS.
UNION OF INDIA & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NOS.4944/2006 & 282/2008
J U D G M E N T
ANIL R. DAVE, J.
1. Delay in filing substitution applications in Civil Appeal No.4943/2006, is condoned.
2. Applications in Civil Appeal No.4943/2006, for bringing on record the legal representatives of Appellant Nos.1 and 3 are allowed.
3. In all these appeals, the issue involved is with regard to enhancement of compensation in respect of the land, which had been acquired under a Notification issued under Section 4 of the Land Acquisition Act, 1894, on 3 rd June, 1987 for establishment of a Power House. A big chunk of land ad-measuring approximately 270 bighas and 15 biswas Signature Not Verified was acquired by the Government from three different Digitally signed by Sarita Purohit Date: 2016.01.21 14:26:41 IST villages, namely, Holambi Khurd, Bawana and Naya Bans @ Reason: Iradat Nagar.
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4. It is an admitted fact that for the land situated in Iradat Nagar, a sum of Rs.32,951/- (Rupees Thirty Two Thousand Nine Hundred Fifty One only) per bigha had been awarded by the High Court by its judgment in RFA No.859/1995 [Ram Kishan (Deceased) Thru. LRs. Vs. Union of India] decided on 4th March, 2004.
5. It is also an admitted fact that the land of Iradat Nagar and the land, which is the subject matter of these appeals, abut each other and they all form part of one chunk of land.
6. In the circumstances, we are of the view that same amount of compensation should be awarded to the present appellants in respect of their acquired land and therefore, we direct that a sum of Rs.32,951/- (Rupees Thirty Two Thousand Nine Hundred Fifty One only) per bigha and statutory benefits should be awarded to the appellants.
7. The impugned judgment is modified accordingly. The appeals stand allowed with no order as to costs. Pending application, if any, stands disposed of.
............J. [ANIL R. DAVE] .................J. [SHIVA KIRTI SINGH] .................J. [ADARSH KUMAR GOEL] New Delhi;
13th January, 2016.
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ITEM NO.105 COURT NO.2 SECTION XIV
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).4943/2006 N.D.SHARMA & ORS. Appellant(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) WITH C.A.Nos.4944/2006 & 282/2008-(With Office Report) Date : 13/01/2016 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. Rohit Sharma,Adv.
Mr. Ajay Kumar Talesara,Adv.
For Respondent(s) Mr. Subramoniam Prasad,Sr.Adv.
Mr. Abhay Kumar,Adv.
Mr. Tenzing Tsering,Adv.
Mr. Vishnu B. Saharya,Adv. Mr. Viresh B. Saharya,Adv. for M/s. Saharya & Co.,Advs.
Ms. Kiran Bhardwaj,Adv.
Mr. S.W.A. Qadri,Adv.
Mr. M. Khairati,Adv.
Mr. Zaid Ali,Adv.
for Mr. D.S. Mahra,Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are allowed with no order as to costs in terms of signed Non-reportable judgment.
(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar (Signed Non-reportable judgment is placed on the file) 3