The Weekly Obiter

HIGHER COMPENSATION CANNOT BE DENIED SOLELY BECAUSE THE APPELLANTS PAID COURT FEES ON A CLAIM LOWER THAN THE ACTUAL RATE: HON’BLE SC: SEPTEMBER 11, 2017

September 22, 2017

The Hon’ble Supreme Court in the matter of Narendra & Ors. v. State of Uttar Pradesh & Ors. in Civil Appeal Nos. 10429-10430 of 2017 dealt with an issue wherein, the High Court had granted compensation to the villagers whose land had been acquired by the State at the rate of Rs. 115/- per square yards. The Hon’ble Supreme Court observed, “the mere fact that the compensation which was claimed by some of the villagers was at lesser rate than the compensation which is ultimately determined to be fair compensation, should not be a ground to deny such persons appropriate and fair compensation on the ground that they claimed compensation at a lesser rate.” The Hon’ble Supreme Court while setting aside the judgement passed by the Allahabad High Court held that the Appellants were entitled to compensation at the rate of Rs. 297/- per square yards. The difference in compensation, along with other statutory benefits, was directed to be paid to them within a period of three months. 

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