On Tuesday, the Supreme Court directed the authorities to pay compensation to landowners who have yet to receive compensation for lands acquired 40 years ago. The Apex Court bench of Justices S. Abdul Nazeer and JK Maheshwari noted in an appeal filed by the land owners that the land acquired is close to the Agricultural University, National Police Academy, and the High Court of Andhra Pradesh.

In contrast to the High Court's approach, the bench stated: "Taking note of the date of acquisition i.e. 1981 which is about 40 years ago, the value of the said land cannot be computed at the rate less than Rs. 250/­ per sq. yard which is supported by the evidence brought on record by the land owners."

"The evidence as produced by the land owners has not been rebutted by filing any document. On the contrary, the departmental witness has admitted before the Reference Court that the acquired land of the village is a prominent area within the vicinity of the city of Hyderabad.", the bench noted.

In this case, the land was purchased in 1981 for the purpose of expanding the Nehru Zoological Park. Despite taking possession, no award was made and no compensation was paid, prompting the landowners to file a complaint with the Andhra Pradesh High Court in 1996. The High Court ordered the authority to issue an award within three months. Following this, an award was made in 1997, with the landowners receiving a pittance of Rs. 6 per square yard. The Reference Court later increased the compensation to Rs. 250 per square yard, plus solatium and interest. Following that, in 2017, the High Court granted the Revenue Department's appeal, reducing the compensation to Rs. 100/- ­per sq. yard.

Case Details:

Revenue Divisional Officer vs Ismail Bhai

CA 8727­-28 OF 2022

Link: https://main.sci.gov.in/supremecourt/2018/41809/41809_2018_8_1501_39957_Judgement_22-Nov-2022.pdf