Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 2275-2292 OF 2005
BALBIR CHAND & ORS. .......APPELLANTS
Versus
STATE OF PUNJAB .....RESPONDENT
WITH
CIVIL APPEAL NO. 3708 OF 2006
JASWANT SINGH & ORS. .....APPELLANTS
Versus
STATE OF PUNJAB & ANR. .....RESPONDENTS
O R D E R
Certain lands belonging to the appellants,
situated in the villages of Neelpur and Sayedkheri in
Tehsil Rajpura, District Patiala, were acquired as
additional land for grain market in pursuance of
preliminary notification dated 2.9.1981. The Land
Acquisition Collector had awarded compensation at the rate
of Rs.50,000/- per acre for chahi land, Rs.30,000/- per
acre for gair mumkin land and Rs.4000/- per acre for barani
land. The Reference Court increased the compensation to
Rs.1,00,000/- per acre for chahi land and Rs.60,000/- per
acre for other types of land. The High Court affirmed the
same by judgment dated 17.3.2004. The appellants, not
being satisfied with the compensation awarded, have filed
these appeals by special leave.
...2.
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2. The only submission made by the appellants is
that the adjoining lands in both the villages were acquired
for the very same purpose, namely, grain market in
pursuance of preliminary notification dated 2.5.1980, that
is about one year and four months prior to the present
acquisition. In regard to the said acquisition, the
reference Court had awarded Rs.1,00,000/- for chahi land
and Rs.60,000/- for other types of land. That was
challenged by the land owners and the High Court by
judgment dated 19.8.1994 awarded Rs.1,70,000/- per acre for
all types of lands. It is not in dispute that the said
judgment attained finality as the same was accepted by the
State of Punjab.
3. The lands which are the subject matter of the
present acquisition, it is not disputed, are adjacent to
the lands that were acquired in pursuance of notification
dated 2.5.1980 and for the same purpose. They are
similarly situated. We are, therefore, of the view that
the market value of Rs.1,70,000/- per acre determined in
the said case should form the basis for awarding the
compensation in these cases. As there is a difference of
more than a year between the two acquisitions and having
regard to the fact that the lands are in a rural area, we
are of the view that increase of compensation by 10% over
....3.
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the earlier acquisition would meet the ends of justice.
Accordingly, we determine the market value as Rs.1,87,000/-
per acre.
4. In view of the above, the appeals are allowed
in part increasing the compensation to Rs.1,87,000/- per
acre. The appellants will be entitled to the statutory
benefits and interest in terms of the Land Acquisition Act,
1894. Parties to bear their respective costs.
......................J.
( R.V.
RAVEENDRAN )
New Delhi; ......................J.
December 07, 2010. ( A.K. PATNAIK )