As a consequence, the award under section 11 of the Act stood restored and compensation for the acquired lands as awarded by the Reference Court to the appellants stood reduced by exactly half. (Para 1)
We, thus, hold that both the Reference Court as well as the Appellate Court committed errors in determining fair and just compensation payable to the appellants. We would have embarked on our task of such determination based on the materials on record, instead of ordering a remand having regard to the lapse of time since acquisition was made; however, such task is cut short because of a development, which has its own significance, post grant of leave to appeal by this Court on 2nd September, 2013. It has been brought to our notice that other affected landowners of village Morlipura had sought for reference under section 18 of the Act after their lands were acquired for the project giving rise to Reference Case Nos.123-124 of 1991 (renumbered as Reference Case Nos.61-62 of 2017). Their lands were also covered by L.A.Q. Case No. 86 of 1985. The Reference Court allowed the reference by its judgment and award dated 21st March, 2018 and determined market value of the acquired lands @ Rs,4,00,000/- per hectare, being the identical determination made by the Reference Court vide judgment and award dated 10th May, 2007 in case of the appellants, since reduced by the High Court by the impugned judgment and order dated 28th March, 2012. What appeared to us to be significant was the submission of learned counsel for the appellants that the State of Gujarat had accepted the judgment and award dated 21st March, 2018 without carrying the same in appeal and that it also disbursed the amount of compensation payable to the affected landowner (claimants before the Reference Court) in terms thereof. (Para 6)
We are of the view that the appellants cannot be worse off than the other affected landowners of the same village, i.e., Morlipura, who have been paid more compensation. In a welfare state like ours where we have promised all the citizens social and economic justice, it would be fair and just if the appellants are meted equal treatment as the other affected landowners (claimants in Reference Case Nos.61-62 of 2017). (Para 8)
For the reason aforesaid, we set aside the impugned judgment and order dated 28th March, 2012 of the High Court and restore the judgment and award of the Reference Court dated 10th May, 2007. Whatever amounts the appellants are entitled to in terms of the Reference Court’s judgment and award, minus the amounts so far received, shall be released with simple interest @ 5% per annum from 10th May, 2007, as early as possible but positively within ninety days of receipt of an authenticated copy of this judgment and order. (Para 9)
SUPREME COURT OF INDIA
2023 STPL(Web) 179 SC
[2023 INSC 713]
Kalubhai Khatubhai Etc. Etc. Vs. State Of Gujarat & Ors.
Civil Appeal Nos. 7791-7796 of 2013-Decided on 16-8-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-179-SC.pdf
