Om Prakash & Anr. Vs. Union of India & Ors.
EmailAppeal:
Petitioner: Om Prakash & Anr.
Respondent: Union of India & Ors.
Apeal:
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: Apr 21, 1988
Head Note:
LAND ACQUISITION ACT, 1894:
Compensation – Enhancement of – Appellants to be entitled to additional benefits in the event of the Five Judge Bench deciding that the benefits of Land Acquisition Amendment Act of 1984 would be applicable to the facts as here.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Reliance is placed on the decision of this Court dated August 24, 1987, in Civil Appeal Nos. 11963-80 of 1987 in a claim for further escalation in the compensation. We find that this Court modified the decree for compensation in those appeals by saying:
“Instead of the rate of compensation at Rs.15/- per sq. yard, the rate of compensation shall be at the rate of Rs.17/- pet sq. yard upto a depth of 500 metres of the land acquired and at the rate of Rs.10/- per sq. yard beyond the depth of 500 metres.”
3. There is no dispute that the lands involved in these appeals and the lands in those appeals were acquired under a common notification. There is nothing on record to show that the lands are of different quality. In these circumstances we enhance the compensation by modifying the order of the High Court and directing payment of compensation at the rate of Rs. 17/- per sq. yard upto the depth of 500 metres and at the rate of Rs.10/- beyond that depth. The appellants would not be entitled to any other claim. But it would be open to them to apply for modification of our order to the limited extent that in the event of the five Judge Bench deciding that the benefits of the Land Acquisition Amendment Act of 1984 would, be applicable to the facts as here, they would be entitled to the additional benefits. The appeal is disposed of accordingly. No costs.
1. Special leave granted.
2. Reliance is placed on the decision of this Court dated August 24, 1987, in Civil Appeal Nos. 11963-80 of 1987 in a claim for further escalation in the compensation. We find that this Court modified the decree for compensation in those appeals by saying:
“Instead of the rate of compensation at Rs.15/- per sq. yard, the rate of compensation shall be at the rate of Rs.17/- pet sq. yard upto a depth of 500 metres of the land acquired and at the rate of Rs.10/- per sq. yard beyond the depth of 500 metres.”
3. There is no dispute that the lands involved in these appeals and the lands in those appeals were acquired under a common notification. There is nothing on record to show that the lands are of different quality. In these circumstances we enhance the compensation by modifying the order of the High Court and directing payment of compensation at the rate of Rs. 17/- per sq. yard upto the depth of 500 metres and at the rate of Rs.10/- beyond that depth. The appellants would not be entitled to any other claim. But it would be open to them to apply for modification of our order to the limited extent that in the event of the five Judge Bench deciding that the benefits of the Land Acquisition Amendment Act of 1984 would, be applicable to the facts as here, they would be entitled to the additional benefits. The appeal is disposed of accordingly. No costs.
