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1991 DIGILAW 606 (SC)

Sarabjit Singh v. State Of H. P.

1991-10-11

G.N.RAY, M.H.KANIA

body1991
ORDER In our view there is no substance in this appeal which has been filed by special leave granted by this Court. The special leave was limited to the question of compensation. It is not disputed that the appellants have got the full claim for compensation which they made before the Collector. The case of the appellants is that they should not be held bound by that claim because the appellants agreed to limit the claim only because the acquired land was to be utilised for setting up a National Biological Research Institute. Even assuming that the appellants are right in stating that the claim was reduced for the said purpose, non-utilisation of the land exclusively for that purpose cannot be of any assistance to them in claiming a higher amount of compensation. Moreover, in the claim made before the Collector, what is stated is that the land is being acquired for a national purpose and also that certain other benefits were to be given to the appellants which have been claimed. In these circumstances, merely because the proposal to set up a National Biological Research Institute on the acquired land was given up and the land was utilised for some other public purpose, such utilisation for a different public purpose cannot furnish any ground to the appellants to get a higher compensation than they themselves claimed before the Collector. In the result, the appeal fails and is, accordingly dismissed. Looking to the facts and circumstances of the case, there will be no order as to costs. For Citation : 1992 Supp (2) SCC 122 (2).