Under Article 142 of the Constitution, can the Supreme Court extend a higher rate of compensation already fixed for land under the same acquisition notification to claimants proceeding under a separate reference?
Coram: S.V.N. Bhatti; N.V. Anjaria
Yes. Where the same Notification had already yielded a higher compensation rate in a parallel proceeding that this Court had approved, the Court exercised its jurisdiction under Article 142 to extend that same rate to the appellants, notwithstanding the abnormal delay in their own proceedings.
Land Acquisition Act, 1894 — s.4(1) — Constitution of India — Art. 142 — Parity of compensation — Delay — Constitution of India — Art. 142 — Parity across same notification — Held: Compensation for land under the same Notification had already been fixed at Rs. 6,50,000 per acre and approved by this Court. Exercising jurisdiction under Article 142, that rate is extended to the Appellants despite the abnormal delay in their own proceedings. (¶10) Land Acquisition Act, 1894 — Interest — Claimant's own delay excluded — Held further: No interest is payable for the 4,427 days of the Appellants' own delay. Civil Appeals allowed on that basis. (¶11, 12)
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