Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 859899 OF 2023
(@SLP (C) Nos. 1399214032 of 2020)
State of Haryana & Anr. ...Appellant(s)
Versus
Subhash Chander & Ors. …Respondent(s)
With
CIVIL APPEAL NO. 900 OF 2023
(@SLP (C) No. 2971 of 2023)
(@D. No. 12754 of 2020)
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned
common judgment and order dated 18.10.2019 passed by
the High Court of Punjab and Haryana at Chandigarh in
Regular First Appeal (RFA) No. 1100/2013 and other allied
first appeals, by which, the High Court has allowed the
said first appeals in part preferred by the original land
owners and has enhanced the amount of compensation for
Signature Not Verified
the lands acquired at Rs. 2,98,54,720/ per acre with all
Digitally signed by R
Natarajan
Date: 2023.02.10
16:41:47 IST
Reason:
1
other statutory benefits, the State of Haryana has
preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are
as under:
2.1 That approximately 58 acres of large chunk of lands
situated at village Kherki, Majra came to be acquired for
the public purpose under the provisions of the Land
Acquisition Act, 1894. The land acquisition officer declared
the awards. At the instance of the original land owners,
references under Section 18 of the Act, 1894 were made.
The reference court enhanced the compensation for
notification dated 13.01.2010 to Rs. 1,56,24,000/ per
acre from Rs. 60 lakhs per acre as awarded by the land
acquisition officer. The appeals preferred by the State
against the judgment and award passed by the reference
court determining the compensation at Rs. 1,56,24,000/
came to be dismissed. However, by the impugned
judgment and order taking into consideration the amount
of compensation enhanced by the High Court which came
to be modified by this Court to Rs. 2,38,00,000/ per acre
with respect to the lands acquired in the month of
January, 2008 and granting 12% cumulative increase, the
2
High Court has partly allowed the appeals preferred by the
land owners and determined and awarded the
compensation at Rs. 2,98,54,720/ per acre.
2.2 Dissatisfied with the impugned judgment and order passed
by the High Court determining and awarding the
compensation for the lands acquired vide notification
dated 13.01.2010 at Rs. 2,98,54,720/ per acre, the State
of Haryana has preferred the present appeals.
3. We have heard Shri Nikhil Goel, learned AAG, appearing
on behalf of the State of Haryana and learned counsel
appearing on behalf of the respective original land owners.
4. Shri Nikhil Goel, learned AAG, appearing on behalf of the
State has vehemently submitted that while determining
the compensation at Rs. 2,98,54,720/ per acre for the
lands acquired vide notification dated 13.01.2010, the
High Court has materially erred in taking into
consideration and/or relying upon the judgment of this
Court passed in Civil Appeal Nos. 1181411864 of 2017
[State of Haryana Vs. Ram Chander (2017 SCC OnLine
SC 1869)] with respect to the lands acquired vide
notification issued in the month of January, 2008.
3
4.1 It is submitted that in the judgment and order passed by
this Court in Civil Appeal Nos. 1181411864 of 2017, this
Court has specifically observed and held that the
determination of compensation vide the said judgment at
Rs. 2,38,00,000/ per acre shall not be treated as a
precedent in any other case. It is submitted that therefore,
while passing the impugned judgment and order the High
Court has materially erred in taking into consideration the
amount awarded by this Court vide judgment and order
passed in Civil Appeal Nos. 1181411864 of 2017 at Rs.
2,38,00,000/.
4.2 It is further submitted by Shri Nikhil Goel, learned AAG,
appearing on behalf of the State that in the present case
the prices of the land were decreasing which was taken
note of by this Court.
4.3 It is further submitted that even otherwise considering the
fact that with respect to the very village, lands came to be
acquired from 2008 onwards and therefore, the prices of
the lands were artificially increased. It is submitted that
therefore, the High Court has materially erred in giving
4
12% rise on Rs. 2,38,00,000/ per acre which has been
awarded for notification dated 25.01.2008.
4.4 Making the above submissions and relying upon the above
decision, it is prayed to allow the present appeals.
5. While opposing the present appeals, learned counsel
appearing on behalf of the land owners has submitted that
once the appeals preferred by the State were dismissed
and the impugned common judgment and order was
passed in the appeals preferred by the land owners, it is
not open for the State now to challenge the impugned
common judgment and order passed by the High Court.
5.1 It is further submitted that even otherwise considering the
sale instances produced on record right from 09.03.2007
till 31.03.2008 there was increase in prices and therefore,
the High Court has not committed any error in granting
the enhancement of 12% on Rs. 2,38,00,000/ per acre. It
is submitted that as such no concrete evidence has been
laid down or no contrary sale instance were placed on
record by the acquiring body showing the decrease in the
market value between 2008 and 2010.
5
5.2 Making the above submissions and relying upon the recent
decision of this Court in the case of
Ramrao Shankar
Tapse Vs. Maharashtra Industrial Development
Corporation and Ors.; (2022) 7 SCC 563 , by which, it
was observed that a cumulative increase of 10 to 15% per
year in the market value of land may be accepted, it is
prayed to dismiss the present appeals.
6. We have heard learned counsel appearing on behalf of the
respective parties at length. We have gone through the
impugned common judgment and order passed by the
High Court and we have also gone through and considered
the earlier decision of this Court in the case of Civil Appeal
Nos. 1181411864 of 2017 by which with respect to the
lands acquired vide notification dated 25.01.2008, this
Court determined the compensation at Rs. 2,38,00,000/
per acre. In the said judgment and order, this Court has
specifically observed that the said judgment may not be
treated as a precedent. However, it is required to be noted
that even on merits also, this Court considered and
accepted the sale instances produced on behalf of the land
owners ranging between 2007 and 2008. Therefore, as
6
such determination of the compensation at Rs.
2,38,00,000/ per acre with respect to the land acquired
vide notification issued on 25.01.2008 can be said to be
the base and considering the time gap between 2008
notification and 2010 notification, a suitable enhancement
ranging between 8% to 15 % is given which is held to be
permissible as per the catena of decisions of this Court
right from the decision in the case of Pehlad Ram Vs.
HUDA; (2014) 14 SCC 778 up to the recent decision of
this Court in the case of Ramrao Shankar Tapase (supra) .
However, at the same time considering the fact that in the
present case with respect to the very village, the
acquisition proceedings came to be initiated in the month
of January, 2008, it will not be safe and/or prudent to
grant the cumulative increase of 12%. In the facts and
circumstances of the case and even considering the sale
instances produced on record, we are of the opinion that if
instead of 12% enhancement on Rs. 2,38,00,000/, 10%
increase is accepted it can be said to be a just
compensation and it may meet the ends of justice.
7
7. In that view of the matter, the market value of the land in
question for the lands acquired vide notification dated
13.01.2010 will be at Rs. 2,87,98,000/ per acre.
8. Resultantly, the impugned common judgment and order
passed by the High Court is required to be modified to the
aforesaid extent by awarding the compensation at Rs.
2,87,98,000/ per acre. Present appeals are partly allowed
to the aforesaid extent and it is held that the original land
owners shall be entitled to the compensation at Rs.
2,87,98,000/ per acre with all other statutory benefits
which may be available under the Land Acquisition Act,
1894. The appellant – State of Haryana is hereby directed
to deposit and/or pay the compensation to the original
land owner(s) at the market value of Rs. 2,87,98,000/
along with all other statutory benefits within a period of six
weeks from today after deducting whatever amount is
already paid. Present appeals are partly allowed to the
aforesaid extent. No costs.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
FEBRUARY 10, 2023 [C.T. RAVIKUMAR]
8