13 January 2016
Supreme Court
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N.D.SHARMA Vs UNION OF INDIA .

Bench: ANIL R. DAVE,SHIVA KIRTI SINGH,ADARSH KUMAR GOEL
Case number: C.A. No.-004943-004943 / 2006
Diary number: 20125 / 2005
Advocates: AJAY KUMAR TALESARA Vs SAHARYA & CO.


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                                                  NON-REPORTABLE   

               IN THE SUPREME COURT OF INDIA                  CIVIL APPELLATE JURISDICTION

           CIVIL APPEAL NO.4943 OF 2006

   N.D.SHARMA & ORS.                        ... APPELLANT(S)                 VS.

   UNION OF INDIA & ORS.                    ... RESPONDENT(S) WITH  

CIVIL APPEAL NOS.4944/2006 & 282/2008

    J U D G M E N T

ANIL R. DAVE, J.

1. Delay in filing substitution applications in Civil  Appeal No.4943/2006, is condoned. 2. Applications  in  Civil  Appeal  No.4943/2006,  for  bringing on record the legal representatives of Appellant  Nos.1 and 3 are allowed. 3. In  all  these  appeals,  the  issue  involved  is  with  regard to enhancement of compensation in respect of  the  land, which had been acquired under a Notification issued  under Section 4 of the Land Acquisition Act, 1894, on 3rd  

June, 1987 for establishment of a Power House.  A big chunk  of land ad-measuring approximately 270 bighas and 15 biswas  was  acquired  by  the  Government  from  three  different  villages, namely, Holambi Khurd, Bawana and Naya Bans @  Iradat Nagar.

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4. It is an admitted fact that for the land situated in  Iradat  Nagar,  a  sum  of  Rs.32,951/-  (Rupees  Thirty  Two  

Thousand Nine Hundred Fifty One  only) per bigha had been  awarded  by  the  High  Court  by  its  judgment  in  RFA  No.859/1995 [Ram Kishan (Deceased) Thru. LRs. Vs. Union of  India] decided on 4th March, 2004. 5. It is also an admitted fact that the land of Iradat  Nagar and the land, which is the subject matter of these  appeals, abut each other and they all form part of one  chunk of land. 6. In the circumstances, we are of the view that same  amount of compensation should be awarded to the present  appellants in respect of their acquired land and therefore,  we direct that a sum of Rs.32,951/- (Rupees Thirty Two  Thousand  Nine  Hundred  Fifty  One  only)  per  bigha  and  statutory benefits should be awarded to the appellants. 7. The impugned judgment is modified accordingly.  The  appeals stand allowed with no order as to costs.  Pending  application, if any, stands disposed of.   

       ............J. [ANIL R. DAVE]

.................J. [SHIVA KIRTI SINGH]

.................J. [ADARSH KUMAR GOEL]

New Delhi; 13th January, 2016.

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