Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 7516-7521 OF 2022
(Arising from SLP(Civil) Nos.18536-18541/2022 @
Diary No. 29052/2022
Jaspal Singh & Others ...Appellants
Versus
The State of Haryana and Others …Respondents
WITH
CIVIL APPEAL NOS. 7524-7531 OF 2022
(Arising from SLP(Civil) Nos.18542-18549/2022 @
Diary No. 30076/2022
CIVIL APPEAL NOS. 7447-7448 OF 2022
(Arising from SLP(Civil) Nos.15253-15254/2022
CIVIL APPEAL NOS. 7449-7477 OF 2022
(Arising from SLP(Civil) Nos.16628-16656/2022
CIVIL APPEAL NOS. 7478-7512 OF 2022
(Arising from SLP(Civil) Nos.16657-16691/2022
CIVIL APPEAL NO. 7513 OF 2022
(Arising from SLP(Civil) No.16922/2022
CIVIL APPEAL NOS. 7545-7579 OF 2022
(Arising from SLP(Civil) Nos.18560-18594/2022 @
Diary No. 18937/2022
CIVIL APPEAL NO. 7544 OF 2022
(Arising from SLP(Civil) No.18559/2022 @
Diary No. 25947/2022
CIVIL APPEAL NOS. 7581-7584 OF 2022
(Arising from SLP(Civil) Nos.17936-17939/2022
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned common
Signature Not Verified
Digitally signed by
NIRMALA NEGI
Date: 2022.10.20
16:49:19 IST
Reason:
judgment and order dated 21.03.2022 passed by the High Court of
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Punjab and Haryana at Chandigarh in R.F.A. No. 2086/2016 and other
allied first appeals, by which the High Court has allowed the appeals
preferred by the respondents herein and has dismissed the appeals
preferred by the appellants herein – original claimants/landowners, the
original claimants/landowners have preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as under:
That the lands situated at village Jharli, District Jhajjar, Haryana
came to be acquired for Jhajjar Thermal Power Plant. Notification under
Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as
the ‘Act 1894’) came to be issued on 09.04.2007. Declaration under
Section 6 of the Act, 1894 was issued on 13.11.2007. The Land
Acquisition Collector declared the award under Section 11 of the Act,
1894 and determined and awarded compensation at Rs. 16,00,000/- per
acre. The Reference Court enhanced the amount of compensation to
Rs. 17,64,350/- per acre. The acquiring body/beneficiary as well as the
original claimants/landowners both preferred appeals before the High
Court challenging the judgment and award passed by the Reference
Court, awarding compensation at Rs. 17,64,350/- per acre. By the
impugned common judgment and order, the High Court has allowed the
appeals preferred by the State/acquiring body and dismissed the
appeals preferred by the original claimants/landowners and has reduced
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the amount of compensation to Rs.16,00,000/- per acre, as determined
and awarded by the Land Acquisition Collector. The impugned common
judgment and order passed by the High Court is the subject matter of
present appeals at the instance of the original claimants/landowners.
2.1 At this stage, it is required to be noted that in the present case the
acquiring lands of village Jharli were on the west side of Bahu Road,
Jhajjar, Haryana. Simultaneously, the lands of village Jharli situated on
the east side of Bahu Road, Jhajjar, Haryana came to be acquired for
Arawali Power Company Private Limited. The said lands were just
opposite of the land acquired for Jhajjar Thermal Power Plant and in one
case – in the case of Jagvir (appellant in Civil Appeal Nos.7447-
7448/2022), the lands acquired for both the projects were out of the
same survey No. 73. For acquisition of the lands for Arawali Power
Company Private Limited, notification under Section 4 of the Act, 1894
was issued on 16.01.2007. Declaration under Section 6 was issued on
12.04.2007. The Land Acquisition Collector determined and awarded
compensation at Rs. 16,00,000/- per acre. The Reference Court also
determined compensation at Rs.16,00,000/- per acre. However, the
High Court enhanced the amount of compensation to Rs. 29,00,400/-
per acre. By common judgment and order dated 05.09.2017, this Court
allowed the appeals preferred by Arawali Power Company Private
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Limited and dismissed the appeals preferred by the landowners/original
claimants by determining compensation at Rs.25,00,000/- per acre (Civil
Appeal No. 8757 of 2016 and connected appeals, decided on
05.09.2017).
2.2 Before the High Court, at the time of hearing of the present
appeals, the original claimants/landowners relied upon the decision of
this Court in the case of Arawali Power Company Private Limited
(supra). However, considering the observations made by this Court
while awarding compensation at the rate of Rs. 25,00,000/- per acre that
“in the peculiar facts and circumstances of the case and not to be treated
as precedent “, the High Court has not followed the said judgment and
has determined compensation at the rate of Rs. 16,00,000/- per acre, as
determined by the Land Acquisition Collector. Hence, the present
appeals at the instance of the landowners/original claimants.
3. Shri Shyam Divan, learned Senior Advocate appearing on behalf
of the original claimant/landowner in Civil Appeal Nos. 7447-7448 of
2022, arising out of R.F.A. Nos. 2086 & 2087 of 2016 has vehemently
submitted that the lands acquired in the present case for Jhajjar Thermal
Power Plant and the lands acquired for Arawali Power Company Private
Limited are similarly situated. It is submitted that even in the case of the
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appellant/landowner/original claimant in Civil Appeal Nos. 7447-
7448/2022, the land in both the cases have been acquired out of the
very land bearing survey No. 73 and in between only one road – Bahu
Road is passing. It is submitted that therefore the appellant shall be
entitled to the compensation at the rate of Rs. 25,00,000/- per acre, as
determined by this Court in the case of Arawali Power Company Private
Limited (supra) .
3.1 It is further submitted that the landowners/original claimants are
entitled to just compensation. It is submitted that as such there is no
difference between the lands acquired for Jhajjar Thermal Power Plant
and the lands acquired for Arawali Power Company Private Limited,
except that one road – Bahu Road is passing between the lands
acquired for both the projects. It is submitted that it may not be that for
one part of the land, the compensation will be at Rs. 16,00,000/- per
acre and for another part of the very land/survey No. 73, the
compensation will be at Rs. 25,00,000/- per acre. Therefore, it is prayed
to allow the present appeals accordingly.
3.2 The other learned Senior Advocates/Advocates appearing for the
respective landowners/original claimants have adopted the submissions
made by Shri Shyam Divan, learned Senior Advocate.
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4. All these appeals are opposed by Shri Neeraj Kishan Kaul, learned
Senior Advocate representing the Jhajjar Thermal Power Plant.
4.1 So far as the reliance placed upon the decision of this Court in the
case of Arawali Power Company Private Limited (supra) is concerned, it
is submitted that the said judgment may not be applied as in the said
judgment, it is specifically observed by this Court that the said judgment
is in the peculiar facts and circumstances of the case and not to be
treated as precedent. It is submitted that therefore the High Court has
rightly not awarded compensation as awarded in the case of Arawali
Power Company Private Limited (supra) .
4.2 It is submitted that in the present case the claimants relied upon
two sale exemplars/sale deeds which were executed in the year 2010,
i.e., post Section 4 notification and one sale deed/sale exemplar dated
16.05.2007 was with respect to small parcel of land. It is submitted that
therefore the High Court has rightly not relied upon on the sale
exemplars/sale deeds post Section 4 notification. It is submitted that
thereafter having observed that the claimants/landowners have not led
any evidence to give the comparative geographical location and
evidence to the effect that these sale instances are comparable, the
High Court has rightly allowed the appeals preferred on behalf of the
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Jhajjar Thermal Power Plant and has rightly determined the
compensation at the rate of Rs. 16,00,000/- per acre.
4.3 Learned counsel representing the State of Haryana has supported
the impugned common judgment and order passed by the High Court
and has fully endorsed the submissions made by the learned counsel
appearing on behalf of the Jhajjar Thermal Power Plant.
5. We have heard learned counsel for the respective parties at
length.
At the outset, it is required to be noted that with respect to the
lands acquired for Arawali Power Company Private Limited for which
notification under Section 4 of the Act, 1894 was issued on 16.01.2007,
this Court had determined the compensation at the rate of Rs.
25,00,000/- per acre. It is required to be noted that the lands acquired in
the present case and the lands acquired for Arawali Power Company
Private Limited were of the same village Jharli, District Jhajjar, Haryana.
The only difference is that the lands acquired for Jhajjar Thermal Power
Plant are on the west side of Bahu Road, Jhajjar, whereas the lands
acquired for Arawali Power Project were on the east side of Bahu Road,
Jhajjar. The lands acquired in both the cases are just across the Bahu
Road, Jhajjar, Haryana. At this stage, it is required to be noted that out
of the lands acquired, the land bearing survey No. 73 owned by the
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original landowner – Jagvir (appellant in Civil Appeal Nos. 7447-7448 of
2022) was also acquired for both the projects. The resultant effect
pursuant to the impugned judgment and order passed by the High Court
would be that with respect to some portion of land out of survey No. 73
acquired for Jhajjar Thermal Power Plant, the landowner will get
compensation at the rate of Rs. 16,00,000/- per acre and with respect to
other parcel of land out of survey No. 73 acquired for Arawali Power
Project, the landowner will be getting compensation at the rate of Rs.
25,00,000/- per acre.
6. Having considered the location of the lands acquired for Jhajjar
Thermal Power Plant as well as Arawali Power Project, we are of the
opinion that the lands acquired for both the projects can be said to be
similarly situated with some difference in the time gap of issuance of
section 4 notification. Once the landowners whose lands have been
acquired for Arawali Power Project are held to be entitled to
compensation at Rs. 25,00,000/- per acre, the landowners whose lands
have been acquired for Jhajjar Thermal Power Plant cannot be denied
the just and reasonable compensation. There will be a vast difference in
amount of compensation for the lands acquired for Jhajjar Thermal
Power Plant and the Arawali Power Project, which as observed
hereinabove can be said to be similarly situated. In one case, the
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landowners/claimants are held to be entitled to compensation at the rate
of Rs. 16,00,000/- per acre (in the case of lands acquired for Jhajjar
Thermal Power Plant) and with respect to the lands acquired for Arawali
Power Project, the landowners/claimants are entitled to compensation at
the rate of Rs. 25,00,000/- per acre.
7. It may be true that while determining compensation at the rate of
Rs. 25,00,000/- per acre by this Court in the case of Arawali Power
Company Private Limited (supra) , the words used are “in the peculiar
facts of the case and not to be treated as precedent”. However, the said
words “in the peculiar facts of the case and not to be treated as
precedent” are to be considered in the context in which the same are
used. From the observations and order passed by this Court, wherever
the words used are “in the peculiar facts of the case and not to be
treated as precedent”, the same can be said to be with respect to
consideration of the sale deeds which were executed in the year 2010
(post section 4 notification). As the sale deeds/sale exemplars which
were considered by this Court were post section 4 notification, this Court
had taken into consideration the sale deeds post section 4 notification by
observing that it was agreed between the parties that the subsequent
sale deeds were bona fide and could be taken into consideration. The
observations that “in the peculiar facts of the case and not to be treated
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as precedent” are to be construed while considering the sale deeds
executed post section 4 notification. As per the settled position of law,
normally the sale deeds/sale exemplars post section 4 notification may
not be taken into consideration. However, as it was agreed between the
parties that the subsequent sale deeds were bona fide and could be
taken into consideration, to that and in the peculiar facts of the case and
not to be treated as precedent, this Court had taken into consideration
the subsequent sale deeds and determined compensation at Rs.
25,00,000/- per acre after giving a reasonable deduction, i.e., 15%
deduction.
8. However, at the same time, considering the evidence on record
and the sale instances which were relied upon on behalf of the
landowners and while considering the fact that the landowners shall be
entitled to just and reasonable compensation for the lands acquired and
taking into consideration the decision of this Court in the case of Arawali
Power Company Private Limited (supra) , we are of the opinion that if the
landowners in the present case are awarded compensation at the rate of
Rs. 22,00,000/- per acre, the same can be said to be just and
reasonable compensation. The impugned common judgment and order
is required to be modified to the aforesaid extent.
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9. Now so far as the landowners in the appeals arising out of RFA
Nos. 4322/2016, 4682/2016, 804/2017 and 805/2017 are concerned,
considering the order passed by the High Court dated 17.08.2018
passed while condoning the delay in filing/refiling the appeals on
condition that the landowners shall not be entitled to interest on the
enhanced amount of compensation, if any, the landowners shall not be
entitled to interest for the period of delay in filing/refiling the said appeals
before the High Court.
10. In view of the above and for the reasons stated above, the present
appeals succeed. The impugned common judgment and order passed
by the High Court is hereby modified and it is observed and directed that
the landowners whose lands have been acquired for Jhajjar Thermal
Power Plant shall be entitled to compensation at the rate of Rs.
22,00,000/- per acre. The landowners shall also be entitled to all the
statutory benefits including interest which may be available under the
Act, 1894. However, it is observed and directed that so far as the
landowners in the appeals arising out of RFA Nos. 4322/2016,
4682/2016, 804/2017 and 805/2017 are concerned, they shall not be
entitled to any interest on the enhanced amount of compensation for the
period of delay in filing/refiling the appeals before the High Court.
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11. All these appeals are allowed to the aforesaid extent. However, in
the facts and circumstances of the case, there shall be no order as to
costs.
…………………………………….J.
[M.R. SHAH]
NEW DELHI; ……………………………………..J.
OCTOBER 20, 2022. [M.M. SUNDRESH]
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