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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9142 OF 2017

[@ SPECIAL LEAVE PETITION (C) NO. 3502 OF 2017 ] MUNSHIYA (DEAD) THR LRS.                      Appellant (s)

                               VERSUS STATE OF U.P. & ORS.                          Respondent(s)

J U D G M E N T

KURIAN, J. 1. Leave granted. 2. We find that the appellants are aggrieved since their cases have been remanded by the High Court to the Reference Court for fresh consideration, taking note of the awards passed by the Coordinate Bench of the Reference Court. 3. Apparently, this confusion has arisen because the Reference  in  respect  of  the  same  Notification  are handled by different district courts. 4. We request the High Court, on the Administrative Side, to look into this difficulty and see that the References  in  respect  of  the  same  acquisition  are heard by the same Bench. 5. Coming to the facts of this case, it cannot be of serious dispute that the adjacent land owners have been granted compensation at the rate of Rs. 65/- per sq.  yard.   That  grant  has  become  final  since  the

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appeals  and  the  Special  Leave  Petitions  have  been dismissed. 6. In that view of the matter, we allow this appeal. The appellants shall be entitled to the land value at the rate of Rs. 65/- per sq. yard and shall also be entitled to all statutory benefits. 7. We make it clear that the appellants shall not be entitled  to  any  statutory  benefits  for  the  period covered by any delay, either before the High Court or before this Court. 8. I.A.No.2  –  the  application  for  impleadment  is dismissed  as  withdrawn  without  prejudice  to  the liberty available to the applicant to take recourse to any other remedy.   

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; July 17, 2017.