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Supreme Court of India
Bihari (Dead) Thru Lr vs The State Of Uttar Pradesh on 23 September, 2021
Author: M.R. Shah
Bench: M.R. Shah, A.S. Bopanna
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. 27879 OF 2018 Bihari (Dead) through Lrs. and others …Petitioners Versus State of U.P. and another …Respondents ORDER
1. Interlocutory Application No. 79728 of 2021 for bringing on
record the Legal Heirs of deceased Petitioner No. 2 – Rajendra
Sharma is allowed in terms of the prayer made.
2. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 14.08.2012 passed by the High Court of
Judicature at Allahabad in First Appeal No. 319 of 1994, by which
the High Court has allowed the said appeal preferred by the
original landowners and has enhanced the amount of
compensation from Rs.6/- per square yard as awarded by the
Reference Court to Rs. 28.12 per square yard, the original
Signature Not Verified
landowners have preferred the present special leave petition.
Digitally signed by R
3. At the outset, it is required to be noted that the impugned
judgment and order has been passed by the High Court on
14.08.2012 and the present special leave petition has been
preferred in the month of September, 2018. Thus, there is a delay
of approximately six years in preferring the special leave petition.
No sufficient cause has been shown explaining the huge delay of
six years. Under the circumstances and in view of the decision of
this Court in the case of Baljeet Singh (dead) through Lrs. &
Others v. State of U.P. and others, reported in (2019) 15 SCC 33, the
present special leave petition is required to be dismissed on the
ground of delay itself.
4. Even otherwise, it is required to be noted that after the
impugned judgment and order has been passed by the High Court
enhancing the compensation to Rs. 28.12 Per Square Yard, in fact,
the respondents accepted the judgment and order passed by the
High Court and deposited the entire amount as awarded by the
High Court and even the landowners received the same in the year
2013 accepting the judgment and order passed by the High court
awarding compensation at the rate of Rs. 28.12 per square yard.
Therefore, even the cause shown explaining the delay is not
5. Even otherwise on merits also, the petitioners have no case.
By a detailed judgment and order pronounced today in Civil
Appeal Nos. 5738-5739 of 2021 and Civil Appeal No. 5740 of 2021,
we have determined the compensation at the rate of Rs. 28.12 Per
Square Yard with respect to the lands acquired for the very
purpose for which the notification under Section 4 of the Land
Acquisition Act was issued in the year 1976.
6. In view of the above and for the reasons stated above, the
present special leave petition stands dismissed on the ground of
delay as well as on merits.
[M.R. SHAH] NEW DELHI; ……………………………….J. SEPTEMBER 23, 2021. [A.S. BOPANNA] 3