RAM SWAROOP AND ORS. ETC. ETC. Vs. STATE OF U.P. AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11774-11787 of 2016, Judgment Date: Dec 05, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                    CIVIL APPEAL NO. 11774-11787 OF 2016
          [@ SPECIAL LEAVE PETITION (C) NOS. 24738-24751 OF 2016 ]


      RAM SWAROOP AND ORS. ETC. ETC.                Appellant(s)

                                   VERSUS

      STATE OF U.P. AND ORS.                       Respondent(s)

                               J U D G M E N T

KURIAN, J.

1.    Leave granted.
2.    Heard the learned counsel on both sides.
3.    At paragraph  105  of  the  impugned  Judgment,  the  High  Court  has
rendered the following findings :-
      "......as a matter of fact,  question  of  awarding  compensation,  in
respect of land acquired under same acquisition  notifications,  which  were
subject matter of several other LARs and  came  to  be  decided  by  another
Court determining market value of  Rs.  65/-  per  sq.  yard,  has  attained
finality after dismissal of those appeals by this Court as well  as  Supreme
Court......"

4.    In view of such categorical finding, we do not find any  justification
for the High Court to remand the matter to the  Reference  Court  for  fresh
consideration.  Accordingly, the appeals are allowed.  The market  value  is
fixed at Rs. 65/- per sq. yard.  Beside the  market  value,  the  appellants
shall also be entitled to all the statutory benefits.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      December 05, 2016.