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Munshiya (D) through LRS. Vs. State of Uttar Pradesh & Ors.

[Civil Appeal No. 9142 of 2017 @ Special Leave Petition (C) No. 3502 of 2017]

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 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 I.A.No.2 - the application for impleadment is dismissed as withdrawn without prejudice to the liberty available to the applicant to take recourse to any other remedy.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.


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