Arun Kumar and Ors v. Union of India

Supreme Court of India · 28 Jul 2017
Kurian Joseph; R. Banumathi
Civil Appeal No. 9845-9858 of 2017
property appeal_allowed Significant

AI Summary

The Supreme Court allowed appeals to enhance land acquisition compensation by 15% per annum on a cumulative basis for the gap period, modifying the High Court's award accordingly.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9845-9858 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 9497-9510 OF 2016 ]
ARUN KUMAR AND ORS ETC Appellant (s)
VERSUS
UNION OF INDIA ETC. Respondent(s)
WITH
CIVIL APPEAL NO. 9859-9860 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 9513-9514 OF 2016 ]
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellants approached this Court aggrieved by the insufficiency of the compensation of their lands acquired by the respondents. The notice in this case was limited to the entitlement of enhancement based on cumulative basis. The notice reads as follows:- “....... Issue notice in both the Special Leave Petitions limited to the claim for enhancement on the basis of 15% annual increase cumulatively, as has been granted in other cases.”

3. There is no dispute that in similar cases, the enhancement was granted by this Court with the compensation calculated on the basis of 15% increase on cumulative basis. Therefore, these appeals are allowed and the Judgment, as far as the annual increase is concerned, shall stand substituted as follows:- “All the appellants will be entitled to 15% increase at Rs. 192 per sq. yard for the gap period of two years and six months on cumulative basis.” There shall be no order as to costs. Pending interlocutory applications, if any, stand disposed of ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; July 28, 2017. ITEM NO.11 COURT NO.6 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9497-9510/2016 (Arising out of impugned final judgment and order dated 22-09-2015 in RFA No. 1484/2003 RFA No. 1485/2003 RFA No. 1486/2003 RFA NO. 1487/2003 RFA No. 2007/2003 RFA No. 1489/2003 RFA No. 1490/2003 RFA No. 2006/2003 RFA No. 1090/2013 RFA No. 1498/2003 RFA No. 2008/2003 and impugned judgment and final order dated 19-10-2015 in RFA NO. 1488/2009 and impugned judgment and final order dated 16-11-2015 in RFA No. 1750/2003 and RFA No. 3854/2003 passed by the High Court Of Punjab & Haryana At Chandigarh)

ARUN KUMAR AND ORS ETC Petitioner(s)

VERSUS

UNION OF INDIA ETC. Respondent(s) WITH SLP(C) No. 9513-9514/2016 (IV-B) Date: 28-07-2017 These petitions were called on for hearing today. CORAM: HON'BLE MR.

JUSTICE KURIAN JOSEPH HON'BLE MRS.

JUSTICE R. BANUMATHI For Petitioner(s) Mr. Amrendra Sharan, Sr. Adv. Mr. Piyush Hans, Adv. Ms. Apradhita Mukherjee, Adv. Mr. B. S. Gautam, Adv. Mr. Ravindra Bana, AOR Dr. Shiva Sharma, Adv. Mr. Rachit Batra, Adv. Mr. Daya Krishan Sharma, AOR For Respondent(s) Mr. Sangram S. Saron, Adv. Mr. Shree Pal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeals are allowed in terms of the signed non-reportable

JUDGMENT