LexNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR & ANR.
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A B C D E F G H 609 NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY v. RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR & ANR. (Civil Appeal No. 8331-8345 of 2022) NOVEMBER 17, 2022 [M. R. SHAH AND M. M. SUNDRESH, JJ.] Land Acquisition Act, 1894: Delay of 22 years in preferring first appeals – Acquisition notification was issued in 1982 – Reference court determined compensation at Rs.20 per yard – After a period of 22 years, land owners filed first appeals – By impugned judgment, the High Court condoned delay of 22 years and enhanced the amount of compensation to Rs.149 per sq.yard at par with the land owners in the case of Deo Karan & Ors. by which this Court with respect to the acquisition of the year 1982 determined the compensation at Rs.149/- per sq.yard – Held: The land owners were rightly held entitled to compensation at Rs.149/- per sq.yard at par with other land owners whose lands were acquired in the year 1982 – However, submission of the land owners that they are entitled to compensation @ Rs.297/- per sq.yard relying upon the decision of this Court in the case of Nanak (Deceased) cannot be accepted as the land owners had not preferred the appeals before this Court and it was NOIDA who had filed these appeals – However, to saddle with the liability to pay statutory benefits and interest for the delayed period of 22 years upon the beneficiary/acquiring body would be a financial burden upon the public body and it may increase the project cost which shall be against the public interests – Therefore, while condoning the delay and enhancing the amount of compensation at par with other land owners, the High Court ought not to have saddled the liability upon the appellant to pay statutory benefits and the interest payable under the Land Acquisition Act, 1894 for the delayed period – To that extent the impugned judgment is modified. Partly allowing the appeals, the Court HELD: 1. The Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 05.01.1982. The Reference [2022] 15 S.C.R. 609 609 A B C D E F G H 610 SUPREME COURT REPORTS [2022] 15 S.C.R. Court determined the compensation at Rs.20/- per sq. yard by impugned judgment. After a period of 22 years, the land owners preferred the appeals before the High Court. By the impugned judgment, the High Court after condoning the delay of 22 years in preferring the appeals has enhanced the amount of compensation to Rs.149/- per sq.yard at par with the land owners in the case of Deo Karan & Ors. by which this Court with respect to the acquisition of the year 1982 determined the compensation at Rs.149/- per sq.yard. Therefore, in the present case, the land owners shall be entitled to compensation at Rs.149/- per sq.yard at par with other land owners whose lands were acquired in the year 1982. It cannot be disputed that the land owners, whose lands have been acquired under the provisions of Land Acquisition Act, 1984, are entitled to a reasonable and just compensation at par with the other similarly situated land owners. [Para 5][613- B-D] 2. Now so far as the submission on behalf of the land owners that they shall be entitled to compensation at the rate of Rs.297/- per sq.yard relying upon the decision of this Court in the case of Nanak (Deceased) through LRS. is concerned, at the outset it is required to be noted that as such the land owners have not preferred the appeals before this Court. It is the NOIDA who has preferred the present appeals. Under the circumstances in the appeals preferred by the NOIDA questioning the determination of the compensation at Rs.149/-per sq.yard, the land owners cannot be permitted to say that they are entitled to the enhanced amount of compensation over and above Rs.149/- per sq.yard. So far as the land owners are concerned, the impugned judgment and order passed by the High Court determining and/or awarding the compensation of Rs.149/- per sq.yard has attained the finality. Even otherwise as rightly observed by the High Court, the land owners are not entitled to the compensation at Rs.297/- per sq.yard considering the decision of this Court in the case of Nanak (Deceased) through LRS. [Paras 5.1, 5.2][613-E-H] New Okhla Industrial Development Authority (NOIDA) v. Deo Karan & Ors. decided on 01.05.2018 in Civil Appeal No.4879 of 2018 – relied on A B C D E F G H 611 Nanak (Deceased) through LRS. v. New OKHLA Industrial Development Authority and Another (2019) 17 SCC 522 – referred to 3. In the present case,
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