Supreme Court Upholds Land Compensation Decision: Review Petitions Dismissed

The Supreme Court of India recently ruled on a series of review petitions concerning compensation for land acquisition by the U.P. Awas Evam Vikas Parishad. The case involved multiple petitioners, including Asha Ram (D) through Legal Representatives, Yasin (D) through Legal Representatives, and Dinesh Kumar, among others, who sought a review of the Court’s earlier judgment regarding compensation for acquired land.

Background of the Case

The dispute arose from land acquisition proceedings where the Reference Court had fixed compensation at Rs.120 per square yard. The petitioners challenged this determination, arguing that the High Court’s assessment of market value based on sale deeds and judicial orders should be upheld. However, the Supreme Court in its earlier judgment had rejected this argument, affirming that the Reference Court’s valuation was correct.

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Arguments by the Petitioners

• The petitioners contended that the High Court had appropriately determined the market value based on sale deeds and judicial orders, which warranted higher compensation.
• They claimed that the Supreme Court’s previous decision overlooked critical factors affecting land valuation.
• They sought a review of the judgment, arguing that an error apparent on record justified reconsideration.

Supreme Court’s Decision

The bench, comprising Justices Uday Umesh Lalit, Hemant Gupta, and S. Ravindra Bhat, dismissed the review petitions, stating:

“The judgment under review had considered the rival submissions and all the circumstances on record and then concluded that compensation awarded by the Reference Court at the rate of Rs.120 per square yard was the correct measure and that the market value determined by the High Court could not be sustained either on the basis of the sale-deeds or on the strength of judicial order.”

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The Court further observed:

“We have gone through the contents of the Review Petitions. None of the grounds raised in support of the Review Petitions makes out any error apparent on record to justify interference in Review Jurisdiction.”

Final Verdict

Consequently, all the review petitions were dismissed, thereby upholding the Reference Court’s compensation award of Rs.120 per square yard.

Key Takeaways

• The Supreme Court reaffirmed that the Reference Court’s valuation of Rs.120 per square yard was correct and final.
• Arguments based on sale deeds and previous judicial orders were deemed insufficient to alter the compensation determination.
• The principle that a review petition must demonstrate an error apparent on record was reiterated.

This decision underscores the Court’s cautious approach in exercising its review jurisdiction and its commitment to maintaining judicial consistency in land acquisition matters.

Petitioner Name: Asha Ram (D) Thr. LRS & Ors., Yasin (D) Thr. LRS., Dinesh Kumar.
Respondent Name: U.P Awas Evam Vikas Parishad & Ors..
Judgment By: Justice Uday Umesh Lalit, Justice Hemant Gupta, Justice S. Ravindra Bhat.
Place Of Incident: Uttar Pradesh.
Judgment Date: 07-12-2021.

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