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Arun Kumar and Ors etc Vs. Union of India etc.

[Civil Appeal No. 9845-9858 of 2017 @ Special Leave Petition (C) No. 9497-9510 of 2016]

[Civil Appeal No. 9859-9860 of 2017 @ Special Leave Petition (C) No. 9513-9514 of 2016]

KURIAN, J.

1. Leave granted.

2. The appellants approached this Court aggrieved by the insufficiency of the compensation of their lands acquired by the respondents. The notice in this case was limited to the entitlement of enhancement based on cumulative basis. The notice reads as follows :- "....... Issue notice in both the Special Leave Petitions limited to the claim for enhancement on the basis of 15% annual increase cumulatively, as has been granted in other cases."

3. There is no dispute that in similar cases, the enhancement was granted by this Court with the compensation calculated on the basis of 15% increase on cumulative basis. Therefore, these appeals are allowed and the Judgment, as far as the annual increase is concerned, shall stand substituted as follows :- "All the appellants will be entitled to 15% increase at Rs. 192 per sq. yard for the gap period of two years and six months on cumulative basis." There shall be no order as to costs. Pending interlocutory applications, if any, stand disposed of.

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

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

New Delhi;

July 28, 2017.

Item No.11 Court No.6 Section IV-B

Supreme Court of India

Record of Proceedings

Petition(s) for Special Leave to Appeal (C) No(s). 9497-9510/2016 (Arising out of impugned final judgment and order dated 22-09-2015 in RFA No. 1484/2003 RFA No. 1485/2003 RFA No. 1486/2003 RFA No. 1487/2003 RFA No. 2007/2003 RFA No. 1489/2003 RFA No. 1490/2003 RFA No. 2006/2003 RFA No. 1090/2013 RFA No. 1498/2003 RFA No. 2008/2003 and impugned judgment and final order dated 19-10-2015 in RFA No. 1488/2009 and impugned judgment and final order dated 16-11-2015 in RFA No. 1750/2003 and RFA No. 3854/2003 passed by the High Court Of Punjab & Haryana At Chandigarh)

Arun Kumar and Ors Etc Vs. Union of India Etc.

[SLP(C) No. 9513-9514/2016 (IV-B)]

Date: 28-07-2017

These petitions were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE KURIAN JOSEPH

HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s)

Mr. Amrendra Sharan, Sr. Adv.

Mr. Piyush Hans, Adv.

Ms. Apradhita Mukherjee, Adv.

Mr. B. S. Gautam, Adv.

Mr. Ravindra Bana, AOR

Dr. Shiva Sharma, Adv.

Mr. Rachit Batra, Adv.

Mr. Daya Krishan Sharma, AOR

For Respondent(s)

Mr. Sangram S. Saron, Adv.

Mr. Shree Pal Singh, AOR

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeals are allowed in terms of the signed non-reportable Judgment Pending interlocutory applications, if any, stand disposed of.

Jayant Kumar Arora

Renu Diwan

Court Master

Assistant Registrar

Signed non-reportable Judgment is placed on the file



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