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Synopsis

The Supreme Court has directed the Uttar Pradesh government to pay enhanced compensation at the rate of Rs 15 per square metre of the lands measuring 263.05 acres, situated just infront of Mathura refinery acquired by a notification issued in 1977 for industrial purposes.

A bench of Justices B R Gavai and K V Vishwanathan noted the order issued on January 22, 1977 by the Collector Mathura revealed that the valuation of the land from the areas surrounding Mathura refinery within the radius of one km, had been determined at Rs 15 per sq mtr.

"The averment of the appellants in the appeals that the land of the appellants is situated just across the road in front of Gate No 9 of Mathura refinery has gone unchallenged. It is thus clear that the respondents have not disputed the position that the land is just across the road facing Gate No 9 of the Mathura refinery," the bench noted.

The court thus found that the impugned orders of April 30, 2019 were not sustainable in law.

The appeals filed by Anek Singh and others challenged the judgment and order of April 30, 2019 passed by the Single Judge of the High Court of Judicature at Allahabad in First Appeal of 2003, thereby dismissing the same.

By a notification of February 05, 1977 published in the Gazette under Section 4 of the Land Acquisition Act, 1894, the land of village Annanpura, Tehsil and District Mathura admeasuring 263.05 acres was acquired for the Uttar Pradesh State Industrial Development Corporation for a planned industrial development.

The notification under Section 6 of the Act was published on February 07, 1977 and the possession of the land was taken on May 13, 1977.

The Special Land Acquisition Officer made the award on August 30, 1980, determining the compensation on the basis of soil quality, under which the price was determined as Rs 1489.93 per acre in village Baraha Avval Chahi, Rs 6923.35 per acre in village Baraha Avval Khaki, Rs 7972.35 per acre in village Baraha Doyam Chahi and Rs 4825.37 per acree in village Baraha Doyam Khaki and Rs 3143.98 per acre in Putha Khaki.

Being aggrieved, the appellants made a reference under Section 18 of the Act, which was rejected. They preferred the first appeals, which were also dismissed. Hence, they filed the present appeals by way of special leave petitions.

Their counsel submitted that for the land, which is not as proximate to Mathura refinery, i.e. village Bhainsa the compensation had been granted at the rate of Rs 15 per sq mtr. Though the land of the appellants was just across the Mathura refinery the compensation granted to the appellants was at the rate of Rs.1.93 per sq mtr.

Their counsel also relied on the order issued by the District Magistrate, Mathura, by which the circle rates had been notified in different areas in the District. He, therefore, submitted that the High Court had grossly erred in dismissing the appeals.

The state counsel submitted that all three courts had concurrently upon the material placed before them came to a considered conclusion that the lands of the appellants were an agricultural land and therefore, rightly granted compensation depending on the basis of the type of soil.

As the state counsel did not challenge contention with regard to the situation of the land, the top court allowed the appeal.

The bench directed the respondents to pay compensation to the appellants at the rate of Rs 15 per sq mtr, by holding that they were also entitled to all the statutory benefits along with the interest on the amount awarded, which would be paid within a period of eight weeks.

Case Title: Anek Singh Etc Vs The State of Uttar Pradesh & Anr