MOHAR SINGH (DEAD) THROUGH LRS. & ORS. versus STATE OF UTTAR PRADESH COLLECTOR & ORS.

MOHAR SINGH (DEAD) THROUGH LRS. & ORS. versus STATE OF UTTAR PRADESH COLLECTOR & ORS.

Delay of nearly 13 years in filing first appeals is condoned to secure parity with similarly placed landowners, but appellants are denied statutory interest including on solatium under Section 34 for the period from the Reference Court award to filing of the first appeals; appellants are entitled to enhanced compensation at Rs.150 per sq. yard but not the higher Rs.297 rate claimed by parity with village Makanpur; appellants must cure deficient court fees within four weeks and will receive arrears thereafter.

Parties
Appellants: Mohar Singh (dead) through LRs. & Ors.; Respondents: State of Uttar Pradesh Collector & Ors.
Jurisdiction
India
Judgment Date
07 November 2023
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 09.03.2016 in FA No.228 of 2011
Outcome
Appeals partly allowed.
Legal Topics
Compensation, Parity Among Claimants, Condonation of Delay, Statutory Interest and Solatium (section 34), Article 14 Equality
Land Acquisition Constitutional Law Compensation Parity Among Claimants Condonation of Delay Statutory Interest and Solatium (section 34) Article 14 Equality

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Parties

Mohar Singh (dead) through LRs. & Ors.

Appellants

State of Uttar Pradesh Collector & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 09.03.2016 in FA No.228 of 2011

Legal Issues

  1. 1 Whether appellants are entitled to parity with co-villagers in grant of compensation despite inordinate delay in filing first appeals
  2. 2 Whether the delay of nearly 13 years in filing first appeals can be condoned and on what conditions
  3. 3 Whether appellants are entitled to the higher compensation rate awarded in respect of land of village Makanpur

Ratio Decidendi

Delay of nearly 13 years in filing first appeals is condoned to secure parity with similarly placed landowners, but appellants are denied statutory interest including on solatium under Section 34 for the period from the Reference Court award to filing of the first appeals; appellants are entitled to enhanced compensation at Rs.150 per sq. yard but not the higher Rs.297 rate claimed by parity with village Makanpur; appellants must cure deficient court fees within four weeks and will receive arrears thereafter.

Court Disposition

Appeals partly allowed.

Orders

  • Delay in filing first appeals condoned subject to conditions
  • Appellants entitled to compensation at the rate of Rs.150 per sq. yard for their respective acquired land