SACHICHIDA NAND PRASAD & ORS. Vs. GEN.M.,NATIONAL THERMAL POWER CORP.& ANR

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

Appeal (Civil), 8463-8466 of 2012, Judgment Date: Mar 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 8463-8466 OF 2012

SACHICHIDANAND PRASAD & ORS.                                      APPELLANTS

                       VERSUS

GENERAL MANAGER, NATIONAL THERMAL
      POWER CORPN. & ANR.                                        RESPONDENTS


                               J U D G M E N T

KURIAN, J.

1.    The appellants are aggrieved by the land value fixed by the  Collector
in respect of the land acquired from them for  the  first  respondent.   The
Collector fixed the land value at the rate of Rs.357/- per decimal.
2.    In reference, the Reference Court fixed the land value at the rate  of
Rs. 1988/- per decimal.
3.    The High Court, in appeal, found that the fixation  by  the  Reference
Court was wholly erroneous and thus, set  aside  the  award  passed  by  the
Reference Court fixing the value at the rate of 1988/- per decimal.
4.    Aggrieved by the order passed by the High Court,  the  appellants  are
before this Court.
5.    On behalf of the respondents, an additional  counter  affidavit  dated
18.02.2016 was given in Court, bringing to the notice of the Court  that  in
the case of several other persons, whose lands have been  acquired  for  the
first respondent, the parties have settled the matter  by  fixing  the  land
value at the rate of Rs.  480/-  per  decimal.   According  to  the  learned
counsel for the appellants,  there  have  been  other  settlements  as  well
granting higher land value.
6.    We dispose of these appeals, in  the  above  circumstances,  with  the
following directions :-
i)    The appellants shall be entitled to have their  land  value  fixed  at
the rate of Rs.480/- per decimal along with all statutory benefits.
ii)   In case the appellants show, within a period of one month from  today,
the first respondent that in the case of others who are  similarly  situated
in the vicinity of the appellants,  the  first  respondent  has  agreed  for
higher rates, such higher rates shall be granted to the appellants  as  well
along with all statutory benefits.  In any case, the needful shall  be  done
and the amounts due to the appellants shall be paid  to  them  within  three
months from today.
7.    In view of the above, the civil appeals are disposed of with no  order
as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


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

      New Delhi;
      March 01, 2016.