Case Note & Summary
The dispute arose from the compensation awarded by the Bulandshahr Khurja Development Authority to the respondents, following an order from the Supreme Court dated 31.01.2020, which mandated a deposit of Rs. 150/- per Sq. Yard. The Supreme Court, in its order dated 23.03.2021, directed that the compensation be released at Rs. 103.50 per Sq. Yard while allowing the respondents to seek enhancement. The appellant claimed to have paid more than the ordered amount, while the respondents contested the calculation method. The court noted that the calculation dispute should be resolved by the High Court, and the balance amount would be transferred to the High Court Registry. In a separate application, the court ordered that Rs. 76,46,878/- be distributed equally between two claimants, as no other claims were made. The court emphasized that all disputes regarding compensation would be subject to the High Court's final decision, and the applications were disposed of accordingly.
Headnote
A) Civil Procedure - Compensation Calculation - Dispute over compensation amount - Code of Civil Procedure, 1908 - The court observed that the calculation of compensation at Rs. 103.50 per Sq. Yard was disputed by both parties, and the matter was pending before the High Court. The court directed that the dispute regarding calculation would be subject to the outcome of the High Court proceedings, allowing parties to question all issues related to compensation (Paras 1-2). B) Civil Procedure - Distribution of Compensation - Release of funds to claimants - Code of Civil Procedure, 1908 - The court directed that the compensation amount of Rs. 76,46,878/- be released to the claimants in a 1:1 ratio, as no other claimants disputed this arrangement. The balance amount was to be transferred to the High Court Registry (Paras 3-4).
Issue of Consideration
Whether the compensation amount calculated by the appellant and respondents is accurate and how it should be distributed pending High Court proceedings.
Final Decision
The Supreme Court disposed of the Miscellaneous Applications, directing that the compensation amount be released to the claimants in a 1:1 ratio and the balance transferred to the High Court Registry, with all disputes subject to the High Court's final decision.
Law Points
- Compensation calculation
- statutory benefits
- High Court jurisdiction
- release of funds
