Land Acquisition Compensation Cannot Be Determined On The Basis Of Consent Award Passed In Another Acquisition : Supreme Court

The Supreme Court observed that a consent award cannot be the basis to determine the compensation in other acquisition more particularly, when there are other evidences on record.In this case, the High Court, while allowing an appeal filed by a landowner enhanced the amount of compensation in respect of the acquired land to Rs. To enhance the compensation, the High Court relied upon a consent award by which for the lands acquired in the year 2011 the amount of compensation was awarded @ Rs.60 lakhs per acre. Case details Special Land Acquisition Officer vs N. Savitha | 2022 LiveLaw 316 | CA 2052-2053/2022 | 23 March 2022 Coram: Justices MR Shah and BV Nagarathna Headnotes Land Acquisition Act, 1894 - A consent award cannot be the basis to award and/or determine the compensation in other acquisition, more particularly, when there are other evidences on record - In case of a consent award, one is required to consider the circumstances under which the consent award was passed and the parties agreed to accept the compensation at a particular rate. Summary: Appeal against Karnataka HC judgment that enhanced the amount of compensation in respect of the acquired land on the basis of a Consent award - Allowed - The consent award ought not to have been relied upon and/or considered for the purpose of determining the compensation in case of another acquisition - The High Court has not at all considered whether the lands acquired in the present case is similarly situated to the lands acquired in the case of the said Consent award.