NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus OMVIR SINGH & ORS.

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus OMVIR SINGH & ORS.

For land acquired under Section 4 on 22.11.1982, decisions awarding Rs.297 per sq.yard based on acquisitions in 1986/1988 are not applicable; applying the law in U.P. Awas Avam Vikas Parishad (Asha Ram) (2022) 2 SCC 567, the original claimants are entitled to compensation at Rs.120 per sq.yard with statutory benefits and interest under the Land Acquisition Act, 1894, and there is no interference with the High Court's condonation of delay because the High Court denied interest for the delayed period.

Parties
Appellant: New Okhla Industrial Development Authority; Respondent: Omvir Singh & Ors.
Jurisdiction
India
Judgment Date
15 December 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal (civil Appeal No.9085 of 2022)
Outcome
Appeal partly allowed
Legal Topics
Compensation, Enhancement of Compensation, Condonation of Delay, Interest on Delayed Enhanced Compensation
Land Acquisition Act, 1894 Compensation Enhancement of Compensation Condonation of Delay Interest on Delayed Enhanced Compensation

Case Brief

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Parties

New Okhla Industrial Development Authority

Appellant

Omvir Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal (civil Appeal No.9085 of 2022)

Legal Issues

  1. 1 Whether the High Court erred in condoning the delay of 16/26 years in preferring the appeal
  2. 2 Whether the High Court's award of Rs.297 per sq.yard is sustainable for land acquired in 1982 given later decisions relating to acquisitions in 1986/1988
  3. 3 Whether the claimants are entitled to interest/statutory benefits for the period of delay in preferring the appeal

Ratio Decidendi

For land acquired under Section 4 on 22.11.1982, decisions awarding Rs.297 per sq.yard based on acquisitions in 1986/1988 are not applicable; applying the law in U.P. Awas Avam Vikas Parishad (Asha Ram) (2022) 2 SCC 567, the original claimants are entitled to compensation at Rs.120 per sq.yard with statutory benefits and interest under the Land Acquisition Act, 1894, and there is no interference with the High Court's condonation of delay because the High Court denied interest for the delayed period.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment and order dated 28.01.2020 of the High Court is modified
  • Original claimants entitled to compensation at the rate of Rs.120 per sq.yard along with all other statutory benefits and interest allowable under the Land Acquisition Act, 1894