16 February 2016
Supreme Court
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PRADEEP KUMAR ETC ETC Vs STATE OF U.P

Bench: ANIL R. DAVE,SHIVA KIRTI SINGH,ADARSH KUMAR GOEL
Case number: C.A. No.-001506-001517 / 2016
Diary number: 23398 / 2015
Advocates: ROHIT KUMAR SINGH Vs


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NON­REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1506­1517 OF 2016        (Arising out of SLP(C)Nos.25237­25248/2015)

    PRADEEP KUMAR ETC. ETC.                ... APPELLANT(S)  

               VS.

    STATE OF U.P AND ANR.                  ... RESPONDENT(S)

  J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted. 2. Heard the learned counsel appearing for the parties. 3. In our opinion certain aspects with regard to the valuation and location of the land have not been properly discussed  and  therefore,  the  matters  require  reconsi- deration by the the High Court.  For instance, we may say that  the  Notification  under  Section  4  of  the  Land Acquisition Act, 1894, had been issued on 10th March, 1988. The appellants have been awarded compensation @Rs.135/- per square  yard  for  the  land  belonging to them, whereas in

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respect of certain land, said to be similarly situated, which had been acquired in the year 1986, compensation of Rs.297/- per square yard had been awarded. 4. We are of the view that the afore-stated aspects have not been clarified because normally the price of the land goes on increasing, but the reason as to why lesser amount has been given to the appellants, has not been properly explained in the impugned judgment. 5. Be that as it may, the afore-stated fact and some other  facts  ought  to  have  been  discussed  in  detail. Therefore, we set aside the impugned judgment and remand the  cases  to  the  High  Court  so  that  they  may  be reconsidered by the High Court. The appeals are allowed with the above observations with no order as to costs. Pending application, if any, stands disposed of. 6. We  are  sure  that  the  High  Court  will  decide  the matters at an early date.  The parties shall appear before the High Court on 28th March, 2016, so that date for hearing can be decided on that day. 7. Registry to send intimation of this order to the High Court. 8. The learned counsel appearing for the appellants had made a grievance  that  till today no compensation has been paid to the land owners.  If it is so, we are sure that the

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amount which has been awarded by the Reference Court shall be paid to the appellants as soon as possible, preferably within a period of three months from today.               

..............J. [ANIL R. DAVE]

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

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

New Delhi; 16th February, 2016.

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