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Arun Kumar and Ors Etc Etc Vs. Union of India Thru Land Acquisition Officer - Court Judgment

SooperKanoon Citation
CourtSupreme Court of India
Decided On
Source Linkhttp://sci.gov.in//supremecourt/2016/3888/3888_2016_Judgement_28-Jul-2017.pdf
Case Number3888 / 2016
Judge
AppellantArun Kumar and Ors Etc Etc
RespondentUnion of India Thru Land Acquisition Officer
Advocates:Ravindra Bana
Excerpt:
.....appeal no.9859-9860 of2017[@ special leave petition (c) no.9513-9514 of2016]. judgment kurian, j.leave granted.1. 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 2 compensation calculated on the basis of 15% increase on cumulative basis. therefore, these appeals are allowed and the judgment, as.....
Judgment:

1 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.9845-9858 OF2017[@ SPECIAL LEAVE PETITION (C) No.9497-9510 OF2016]. ARUN KUMAR AND ORS ETC VERSUS UNION OF INDIA ETC. Appellant (s) Respondent(s) WITH CIVIL APPEAL No.9859-9860 OF2017[@ SPECIAL LEAVE PETITION (C) No.9513-9514 OF2016].

JUDGMENT

KURIAN, J.

Leave granted.

1. 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 2 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. New Delhi; July 28, 2017. .......................J.

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

[ R. BANUMATHI ]. 3 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) Petitioner(s) ARUN KUMAR AND ORS ETC VERSUS UNION OF INDIA ETC. 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) Respondent(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 Mr. Sangram S. Saron, Adv. For Respondent(s) Mr. Shree Pal Singh, AOR ORDER

UPON hearing the counsel the Court made the following Leave granted. The appeals are allowed in terms of the signed non-reportable Judgment Pending interlocutory applications, if any, stand disposed of. 4 (JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR (Signed non-reportable Judgment is placed on the file)


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