NINGAPPA THOTAPPA ANGADI (DEAD) THROUGH LRS. versus THE SPECIAL LAND ACQUISITION OFFICER AND ANOTHER

Citation: [2019] 15 S.C.R. 37 · Decided: 13-12-2019 · Supreme Court of India · Bench: S.A. BOBDE, BHUSHAN RAMKRISHNA GAVAI, SURYA KANT · Disposal: Case Partly allowed
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Judgment (excerpt)

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NINGAPPA THOTAPPA ANGADI (DEAD) THROUGH LRS.
v.
THE SPECIAL LAND ACQUISITION OFFICER AND
ANOTHER
(Civil Appeal No. 9415 of 2019)
DECEMBER 13, 2019
[S. A. BOBDE, CJI, B. R. GAVAI AND SURYA KANT, JJ.]
Land Acquisition Act, 1894 – ss.4(1), 6(1), 17(1), (4) & 18 –
Long delay in filing SLP – Grant of enhanced compensation as
granted in the case of other land owners, under the same acquisition,
who appealed against the impugned judgment expeditiously – If
permissible – Land situated in Yellapur Village, Hubli Taluka
acquired for construction of Hubli Ankola Broad Gauge Railway
Line – Land Acquisition Officer fixed the market value at the rate
of Rs.7,500/- per gunta – Aggrieved, the appellant(s) and other
similarly placed persons sought reference –Reference Court by
common order enhanced the compensation to Rs 25,000/- per gunta
(Rs.10,00,000/- per acre) – High Court in appeals by the Land
Acquisition Officer, modified the award passed by Reference Court
and reduced the compensation to Rs.5,10,000/- per acre – Some of
the affected land owners filed Special Leave Petition(s) and Supreme
Court vide judgment dtd. 11.11.16 passed in Civil Appeal No.2927/
2010 allowed their appeals restoring the compensation of
Rs.10,00,000/- per acre in their case, as awarded by the Reference
Court – Present appellant(s) who was/were also aggrieved by the
impugned judgment of the High Court did not file the appeal along
with other similarly situated land owners – Present appeal filed
with delay of 2928 days – Held: Delay condoned – It is undeniable
that Supreme Court vide judgment dtd. 11.11.16 passed in C.A.
No.2927/2010 (Ningappa Thotappa Angadi v. Special Land Acquisition
Officer & Anr.) set aside the order of the High Court and restored
the compensation awarded by the Reference Court –  Appellant(s)
are also similarly placed claimants and thus, entitled to seek parity
and claim the same amount of fair and just compensation as awarded
to other land owners – However, the appellant(s) are not entitled to
any interest on the enhanced compensation and statutory amount
 [2019] 15 S.C.R. 37
37
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
for the period of delay of 2928 days in filing the appeal – Impugned
order passed by the High Court, set aside – Award passed by the
Reference Court, restored – Equity.
Partly allowing the appeal, the Court
HELD: It is undeniable that Supreme Court vide judgment
dtd. 11.11.16 passed in C.A. No.2927/2010 (Ningappa Thotappa
Angadi v. Special Land Acquisition Officer & Anr.) has set aside
the order of the High Court and restored the compensation
awarded by the Reference Court. The appellant(s) are also
similarly placed claimants. They are, thus, entitled to seek parity
and claim the same amount of fair and just compensation as has
been awarded to other land owners. The appellant(s) are, however,
not entitled to seek interest for the period for which they did not
approach this Court. The impugned order passed by the High
Court dated 24.11.2008 in M.F.A. No. 3274/2007 is set aside and
the award passed in favour of the appellant-claimant(s) by the
Reference Court is restored. However, the appellant-claimant(s)
shall not be entitled to any interest on the enhanced compensation
and statutory amount for the period of delay of 2928 days in filing
the appeal. [Paras 10-12][41-F; 42-B-D]
Dhiraj Singh (Dead) through LRs. and Others v. State
of Haryana and Others (2014) 14 SCC 127; Imrat Lal
& Ors. v. Land Acquisition Collector & Ors. (2014) 14
SCC 133; Huchanagouda v. Assistant Commissioner
and Land Acquisition Officer 2019 SCC Online SC 990
–  relied on.
Case Law Reference
(2014) 14 SCC 127
relied on
Para 8
(2014) 14 SCC 133
relied on
Para 9
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9415
of 2019.
From the Judgment and Order dated 24.11.2008 of the High Court
of Karnataka, Circuit Bench at Dharwad in M.F.A. No. 3274 of 2007.
S. N. Bhat, V. N. Raghupathy, Mahindarpal Gupta, Prakash
Jadhav, Advs. for the appearing parties.
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The following Judgment of the Court was delivered :
JUDGMENT
1. Delay condoned. Leave granted.
2. The instant appeal is directed against the order dated 24.11.2008
passed by High Court of Karnataka, Circuit Bench at Dharwad in M.F.A
No. 3274 of 2007 whereby the appeal filed by Special Land Acquisition
Officer, Hubli-Ankola against the award of the Reference Court was
allowed and the compensation for acquiring appellant’s land was reduced
from Rs.10,00,00
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