N.D.SHARMA & ORS. Vs. UNION OF INDIA & ORS.

Supreme Court of India (Full Bench (FB)- Three Judge)

Appeal (Civil), 4943 of 2006, Judgment Date: Jan 13, 2016

                                                          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 3rd  June,  1987  for  establishment  of  a  Power
House.  A big chunk of land ad-measuring approximately  270  bighas  and  15
biswas was  acquired  by  the  Government  from  three  different  villages,
namely, Holambi Khurd, Bawana and Naya Bans @ Iradat Nagar.
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.