Supreme Court Sets Aside HC Order Granting 30% Share In Compensation Given To Possessors Of Land Acquired In Metro Rail Project
The Supreme Court set aside an order granting a 30% share in compensation to possessors of land acquired for the metro rail project when no claim with regard to entitlement over it is made.
The Court was hearing two appeals challenging a decision of the High Court which upheld the trial Court's decision declaring the Appellant/Plaintiff as the lawful owner of the suit property and held that the defendants are entitled to 30% of the compensation for ten sites on the suit property.
The bench of Justice Abhay S. Oka and Justice Augustine George Masih observed, “In the absence of any claim with regard to their entitlement to compensation for the land acquired, the relief granted by the High Court in the appeal is not sustainable…Given the lack of pleadings, evidence on record, and submissions made at the time of hearing before the High Court, the judgment passed by it granting 30 percent of the amount payable by way of compensation in respect of the ten sites in possession of the private Defendants, deserves to be set aside.”
Brief Facts-
The Appellant filed a suit seeking ownership and possession of 1 acre and 12 guntas of land, which he purchased in 1975. The REMCO Industrial Workers Society claimed part of the land. The trial Court recognized the Appellant’s title over 1 acre and 3 guntas but denied possession. After hearing appeals preferred by both parties, the High Court upheld the Appellant's ownership over the land but allowed 30% of the compensation to other defendants for portions of the acquired land for the metro rail project. The Appellant then challenged the High Court’s judgment in the Appeals.
The Court noted that till date, no claim whatsoever has been projected either in the appeal before the High Court or before any other competent authority for the grant of compensation for the land having been acquired.
The Court further noted that the judgment as has been passed by the High Court affirming the ownership and title of the suit property in favour of the Appellant/Plaintiff has not been challenged by any of the private Defendants.
The Court said that the Appellant/Plaintiff is entitled to receive the full amount payable in respect of the acquisition of the suit property for the Metro Rail Project.
Accordingly, the Court set aside the portion of the judgment awarding 30 percent of the compensation amount for the sites allotted to the private Defendants.
Finally, the Court allowed one Appeal and dismissed the other.
Cause Title: Lakshmesh M. v. P. Rajalakshmi (Dead by Lrs.) and Ors. (Neutral Citation: 2024 INSC 678)
