SC directs UP govt to pay increased compensation for land acquired 47 years ago around Mathura Refinery

New Delhi: Forty-seven years after the acquisition of 263.05 acres of land, situated across Mathura refinery for industrial purposes, the Supreme Court has directed the Uttar Pradesh government to pay increased compensation of Rs 15 per sq mtr to the land owners from the rate of Rs 1.93 per sq mtr.

A bench of Justices B R Gavai and K V Vishwanathan rejected a contention by Uttar Pradesh's Additional Advocate General K Parameshwar that all the three courts have concurrently, upon the material placed before them, come to a considered conclusion that the lands of the appellants were an agricultural land, and therefore, rightly granted compensation depending on the basis of the type of soil.

Allowing the appeals filed by Anek Singh, etc on November 28, the court pointed out the order issued on January 22, 1977 by the Collector of Mathura revealed that the valuation of the land from the areas surrounding Mathura refinery within the radius of 1 km, has been determined at Rs 15 per sq mtr.

"The averment of the appellants that their land is situated just across the road in front of Gate No 9 of Mathura refinery has gone unchallenged. It is thus clear that the respondents have not disputed the position that the land is just across the road facing Gate No 9 of the Mathura refinery," the bench noted.

The court set aside the Allahabad High Court's order of April 30, 2019, which had rejected the plea by the appellants to pay them enhanced compensation.

By a notification of February 5, 1977, published in the Gazette under Section 4 of the Land Acquisition Act, 1894, the land of village Annanpura, Tehsil and District Mathura admeasuring 263.05 acres was acquired by the Uttar Pradesh State Industrial Development Corporation for a planned industrial development.

The possession of the land was taken on May 13, 1977 after publishing a notification under Section 6 of the Act on February 07, 1977.

The Special Land Acquisition Officer made the award on August 30, 1980, determining the compensation on the basis of soil quality.

The appellants made a reference under Section 18 of the Act, which was declined. Their first appeals were also dismissed, forcing them to approach the apex court.

The appellant's counsel senior advocate S P Singh submitted that for the land, which is not as proximate to Mathura refinery, i.e. village Bhainsa, the compensation has been granted at the rate of Rs 15 per sq mtr.

Though the land of the appellants is just across the Mathura refinery, the compensation granted to the appellants was at the rate of Rs 1.93 per sq mtr, he said.

He claimed the High Court has grossly erred in dismissing the appeals. The counsel also relied on the order issued by the District Magistrate, Mathura, by which the circle rates have been notified in different areas in the district.

In view of the fact that the state counsel did not challenge the fact about situation of the land, the court directed it to pay the compensation to the appellants at the rate of Rs 15 per sq mtr.

The court also said the appellants would also be entitled to all the statutory benefits along with the interest on the amount awarded, which would be paid within a period of eight weeks.