PREM CHAND & ORS. versus UNION OF INDIA

PREM CHAND & ORS. versus UNION OF INDIA

Claimants are entitled to compensation under s.23(1A) r/w s.30(1)(b) of the Land Acquisition Act, 1894, as the award had not been made on or before 30.04.1982. Compensation must not be at the lower rate of Rs.39,300/- per bigha as ordered by High Court; instead, considering parity with previous Supreme Court cases...

Source-derived case information.

Parties
Appellant: Prem Chand & Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
30 March 2010
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal partly allowed
Legal Topics
Compensation Determination, Additional Compensation Under S.23(1 A), Parity in Compensation Awards, Developed Land Status
Land Acquisition Compensation Determination Additional Compensation Under S.23(1 A) Parity in Compensation Awards Developed Land Status

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Parties

Prem Chand & Ors.

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Entitlement to additional compensation under s.23(1A) and s.30(1)(b) of Land Acquisition Act, 1894
  2. 2 Proper rate of compensation for acquired land
  3. 3 Parity of compensation with previous identically circumstanced land cases

Ratio Decidendi

Claimants are entitled to compensation under s.23(1A) r/w s.30(1)(b) of the Land Acquisition Act, 1894, as the award had not been made on or before 30.04.1982. Compensation must not be at the lower rate of Rs.39,300/- per bigha as ordered by High Court; instead, considering parity with previous Supreme Court cases for identical land and allowing for earlier notification and developed status, compensation is fixed at Rs.69,550/- per bigha plus benefit under s.23(1A) r/w s.30(1)(b).

Court Disposition

Appeal partly allowed

Orders

  • Compensation to be paid at Rs.69,550/- per bigha.
  • Claimants entitled to benefit under s.23(1A) r/w s.30(1)(b) of Land Acquisition Act, 1894.