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Supreme Court of India 2022-12-15 partly_allowed

New Okhla Industrial Development Authority vs Omvir Singh & Ors

Bench: 2 — M. R. Shah, Hima Kohli

In Brief

NOIDA acquired agricultural land in 1982 and awarded compensation of Rs.30,000 per bigha. After 16–26 years of delay, the claimants filed an appeal, which the High Court entertained and enhanced compensation to Rs.297 per sq.yard. The Supreme Court upheld the High Court's condonation of delay but modified the compensation award. Applying principles from prior precedent involving adjacent lands acquired in 1986–1988, the Court held that compensation from acquisitions five years later cannot serve as a benchmark. Finding comparable development had occurred between 1982 and later acquisitions, the Court fixed compensation at Rs.120 per sq.yard with statutory benefits, excluding interest during the appeal delay period. The appeal was partly allowed.

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Land Acquisition Compensation Valuation Limitation and Delay Civil Procedure

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