SHOBHA SINGH Vs. NATIONAL THERMAL POWER CORP.& ANR.

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

Appeal (Civil), 6305-6306 of 2011, Judgment Date: Feb 17, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 6305-6306 OF 2011

SHOBHA SINGH                                                    Appellant(s)

                                   VERSUS

NATIONAL THERMAL POWER CORP.& ANR.                             Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    The appellant is aggrieved by the land value fixed  by  the  Collector
in respect of the land acquired from her  for  the  first  respondent.   The
Collector fixed the land value at the rate of Rs. 242 per decimal.
2.    In reference, the Reference Court fixed the land value at the rate  of
Rs. 6,000 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 6000 per decimal.
4.    Aggrieved by the order passed by the  High  Court,  the  appellant  is
before this Court.
5.    On behalf of the respondents, an additional  counter  affidavit  dated
10.02.2016 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 appellant, there  have  been  other  settlements  as  well  granting
higher land value.
6.    We dispose of  this  appeal,  in  the  above  circumtances,  with  the
following directions :-
i)    The appellant shall be entitled to have his land value  fixed  at  the
rate of Rs. 480 per decimal along with all statutory benefits.
ii)   In case the appellant shows, 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  appellant,  the  first  respondent  has  agreed  for
higher rates, such higher rates shall be granted to the  appellant  as  well
along with all statutory benefits.  In any case, the needful shall  be  done
and the amounts due to the appellant shall  be  paid  to  her  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;
      February 17, 2016.