Bihari (Dead) Thru Lr vs The State Of Uttar Pradesh on 23 September, 2021


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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
Natarajan
Date: 2021.09.23
16:33:11 IST
Reason:

3. At the outset, it is required to be noted that the impugned

judgment and order has been passed by the High Court on
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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

acceptable.

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,

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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.

………………………………J.

                                        [M.R. SHAH]


NEW DELHI;                           ……………………………….J.
SEPTEMBER 23, 2021.                     [A.S. BOPANNA]




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