Compensation for Noida farmers not a Precedent

The Supreme Court in Savitri Devi Vs. State of Uttar Pradesh dated May 14, 2015 held that the order enhancing compensation for Noida farmers would not be treated as a precedent.

A bench, comprising Chief Justice of India HL Dattu and Justices AK Sikri and Arun Mishra, said the Supreme Court’s decision to affirm the Allahabad High Court order enhancing additional compensation by 64.7% and also entitlement to land up to 10% of developed land subject to a cap of 2,500 sq metres in 61 villages won’t be treated as a precedent as it was passed in peculiar circumstances.

The Court summed up the Judgment with following benefits to the land owners:

(a) increasing the compensation by 64.7%;

(b) directing allotment of developed abadi land to the extent of 10% of the land acquired of each of the land owners;

(c) compensation which is increased at the rate of 64.7% is payable immediately without taking away the rights of the land owners to claim higher compensation under the machinery provided in the Land Acquisition Act wherein the matter would be examined on the basis of the evidence produced to arrive at just and fair market value.

# This, according to the Court, provides substantial justice to the Farmers.

The Court makes it clear that directions of the High Court are given in the unique and peculiar/specific background and, therefore, it would not form precedent for future cases.

Some of the farmers had tried to point out certain clerical mistakes pertaining to their specific cases. For example, it was argued by one farmer that his land falls in a village in Noida but wrongly included in Greater Noida.

The Court ordered that “these farmers, for getting such clerical mistakes rectified, can always approach the High Court.”

The Full Bench judgment of the Allahabad High Court is, accordingly, affirmed and all the appeals are disposed of in terms of the said judgment of the Full Bench.

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