RAM SWAROOP v. STATE OF U.P.

Supreme Court of India · 05 Dec 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO. 11774-11787 OF 2016
civil appeal_allowed Significant

AI Summary

The Supreme Court held that once the market value for land acquired under certain notifications is finally fixed by higher courts, the question of compensation cannot be reopened, and directed payment based on the fixed value with statutory benefits.

Full Text
Translation output
Page 1
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)
JUDGMENT
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. Page 2 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.