+

Supreme Court: Directed Authorities To Pay Compensation To Land Owners Within Two Months; ‘Land Acquitted Four Decades Ago’

The Supreme Court in the case Revenue Divisional Officer vs Ismail Bhai observed and has directed the authorities to pay compensation within two months, the court while granting relief to the land owners who are yet to get compensation for their lands which has been acquired 40 years ago.In the present case, the land was […]

Supreme Court
Supreme Court

The Supreme Court in the case Revenue Divisional Officer vs Ismail Bhai observed and has directed the authorities to pay compensation within two months, the court while granting relief to the land owners who are yet to get compensation for their lands which has been acquired 40 years ago.
In the present case, the land was being acquired for the purpose of extension of the Nehru Zoological Park in 1981. The court despite of taking possession, the award was not passe and no amount of compensation was paid which made the land owners approach the High Court of Andhra Pradesh in 1996. It has been directed by the High Court to pass an award within a period of three months. Thus, in 1997, the court passed an award and a meagre compensation @ Rs. 6 per sq. yard was awarded to the land owners. Later, it was enhanced by the Reference Court that the Compensation to Rs 250 per sq. yard with solatium and interest. An appeal was filled in the year 2017 by the Revenue Department was allowed by High Court reducing the compensation to Rs. 100 /- ­per sq. yard.
The Apex Court bench comprising of Justice S. Abdul Nazeer and Justice JK Maheshwari observed in an appeal filled by the land owners and has noted that the land acquired is near to the Agricultural University, National Police Academy and High Court of Andhra while taking note of the date of acquisition i.e. 1981 which is about 40 years ago, thus, the vale of the said land cannot be computed at the rate less than Rs. 250/­ per sq. yard which is being supported by the evidence brought on record by the land owners.
Adding to it, the bench stated that an error has been committed from the side of the High Court in computing the compensation @ Rs. 100 per sq. yard ignoring the unrebutted documents which are produced by the land owners and without any cogent material on record, by applying of the reverse calculation. The evidence which is being produced by the land owners has not been rebutted by filing any document. It has been admitted by the department witness before the Reference Court that the acquired land of the village is a prominent area within the vicinity of the city of Hyderabad.
The court observed while raising the contentions raised by the Revenue Department on the point of deduction of development charge and the area of the land used for development.
Further, the bench observed that the land acquired is now in the heart of city of Hyderabad where the cost of the land has been increased more than 100 times. Thus, the development of this city has already been taken place and the owners of the land whose land has been utilized 40 years back, now cannot be compelled for paying the development charge for the development which has already taken place, only for a parcel of land to which they have not given compensation up to decades.
Accordingly, the petition which is taken by the Revenue Department sans merit.

Tags: