State & Its Instrumentalities Cannot Adopt An Attitude Of Pick & Choose In Land Acquisition Compensation Matters: Supreme Court

The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose, the Supreme Court remarked while allowing an appeal in a land acquisition matter.

In this case, the Reference Court awarded the compensation at the rate of Rs.4,61,250/­ per acre. Partly allowing appeal filed by the State, the High Court to reduce it to Rs. 4,15,000/­ per acre.

While considering the appeal, the Apex Court noted that the State itself had filed applications before the High Court for withdrawal of nine appeals arising out of acquisition under the same notification.  

"The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose.If the State has accepted the award of the Reference Court in respect of some of the claimants, it cannot be permitted to adopt a different treatment to the other claimants. Such an attitude smacks of patent discrimination. ", the bench observed.

The bench therefore allowed the appeal and restored the order passed by the Reference Court.

Case details

Shivappa vs Chief Engineer | 2023 LiveLaw (SC) 312 | CA 2694-­2700 OF 2023 | 11 April 2023 | Justices B R Gavai and Aravind Kumar

Headnotes

Land Acquisition - The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose.If the State has accepted the award of the Reference Court in respect of some of the claimants, it cannot be permitted to adopt a different treatment to the other claimants. Such an attitude smacks of patent discrimination.

Precedent -  The dismissal of the special leave petition in limine does not amount to affirmation of the view taken by the High Court. Unless the judgment of the High Court is affirmed, at least, with short reasoning, the same would not amount to binding precedent. (Para 6)

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