RAVINDRA AND ANR. Vs. THE SPECIAL LAND ACQUISITION OFFICER, UKP, BAGALKOT

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11359 of 2016, Judgment Date: Nov 28, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.11359 OF 2016
           [ARISING FROM SPECIAL LEAVE PETITION (C) NO.7971/2016]


      RAVINDRA AND ANR.                                   APPELLANT(S)

                                    VERSUS

      THE SPECIAL LAND ACQUISITION OFFICER, UKP,
      BAGALKOT                                          RESPONDENT(S)

                                    WITH

                  C.A. NO.11361/2016 @ SLP(C) NO.8085/2016
                  C.A. NO.11363/2016 @ SLP(C) NO.8035/2016
                  C.A. NO.11364/2016 @ SLP(C) NO.8087/2016
                  C.A. NO..11365/2016 @ SLP(C) NO.8089/2016
                  C.A. NO.11372/2016 @ SLP(C) NO.8065/2016
                  C.A. NO.11373/2016 @ SLP(C) NO.16674/2016
                  C.A. NO.11374/2016 @ SLP(C) NO.16675/2016
                  C.A. NO.11360/2016 @ SLP(C) NO.16673/2016
                  C.A. NO.11362/2016 @ SLP(C) NO.25519/2016
C.A. NOS.11366-11371/2016 @ SLP(C) Nos.35130-35135/2016
@ CC NOS.22918-22923/2016
C.A. NO.11375/2016 @ SLP(C) Nos.35136/2016 @ CC NO.22928/2016
C.A. NO.11376/2016 @ SLP(C) Nos.35138/2016 @ CC NO.22929/2016
C.A. NO.11378/2016 @ SLP(C) Nos.35140/2016 @ CC NO.22930/2016
C.A. NO.11377/2016 @ SLP(C) Nos.35139/2016 @ CC NO.22931/2016

                               J U D G M E N T

KURIAN, J.

1.    C.C. Nos.22918-22923, 22928, 22929, 22930 & 22931 of  2016  are  taken
on Board.
2.    Delay condoned.
3.    Leave granted.
4.    Heard the learned senior counsel  appearing  for  the  appellants  and
learned counsel appearing for the State.
5.    The appellants are aggrieved since they  are  denied  compensation  at
the rate of Rs.6,50,000/- per acre which has been granted in respect of  the
same acquisition and in respect of the  property  in  the  same  village  of
Mudhol Village and Taluk, Bagalkot District of Karnataka  and  acquired  for
the same purpose.  It is seen that the High Court had, as a matter of  fact,
allowed  certain   appeals  and  granted  compensation  at   the   rate   of
Rs.6,50,000/- per acre, as per judgment dated 12.12.2012  passed  in  M.F.A.
No.21191 of 2010 and other connected  matters.   That  judgment  has  become
final. Though the appellants filed review before  the  High  Court  on  this
ground, the same was turned down holding  that  it  was  not  a  ground  for
review.
7.    Since the compensation at the rate of Rs.6,50,000/- has  been  granted
in respect of the same  acquisition and covered  by  the  same  notification
and coming under the same village,  we  see  no  reason  to  deny  the  said
benefit to the appellant.
8.    Therefore,  these  appeals  are  allowed.   The  appellants  shall  be
entitled to compensation at the rate of Rs.6,50,000/- per  acre  along  with
the statutory benefits.
9.    The impugned judgment of the High Court and the order in  review  will
stand modified to the above extent.

10.   Pending applications, if any, stand disposed of.
11.   No costs.

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

                                                   .......................J.
                                              [ ROHINTON FALI NARIMAN ]

      NEW DELHI;
      NOVEMBER 28, 2016.