Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2634-2671 OF 2018
STATE OF HARYANA AND ORS. ETC. Appellant(s)
VERSUS
BANT LAL ETC. Respondent(s)
WITH
CIVIL APPEAL NOs 2672-2688 OF 2018
J U D G M E N T
KURIAN, J.
1. The parties are before this Court disputing the
land value fixed in respect of the acquired land.
The State is aggrieved by the value fixed; whereas
the claimants want higher compensation.
2. When the matter came up to this Court, on
02.08.2018, after extensive hearing, the following
order was passed :-
“We have heard learned counsel on
both sides and also gone through the
records.
We have given two options to the
claimants.
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.08.13
16:50:16 IST
Reason:
First option is, as far as land
acquired for water works is
concerned, we will fix the value of
the land at Rs.30,00,000/- (Rupees
2
Thirty Lakhs) per acre, having regard
to the fact that in certain sale
deeds of other persons for the
similar land the same value is fixed
and as far as the land acquired in
Sewage Treatment Plant (STP) is
concerned, the value will be slightly
enhanced and may be fixed at
Rs.40,00,000/- (Rupees Forty Lakhs)
per acre.
Second option is that the Government
will return the unutilised land to
the claimants, and remand the matters
to the High Court for appropriate
fixation of land value in respect of
the actual land utilised by the
Government, with liberty to both the
sides to lead additional evidence.
th
Post the matter on Tuesday, the 7
August, 2018 in “Miscellaneous
Hearing” at the top of the Board as
part-heard.”
3. Having regard to the facts and circumstances of
the case, it is submitted that the second option will
be the best option in the fitness of things. In the
above circumstances, the appeals are disposed of as
follows :-
i) The Government will return the un-utilised land
to the claimants in accordance with law.
ii) As far as the remaining land is concerned, we set
aside the fixation made by the High Court and remit
3
the matters to the High Court with liberty to both
sides to lead additional evidence.
4. We make it clear that the first option is no
reflexion on any idea of just compensation made by
this Court.
5. In view of the fact that we have set aside the
impugned Judgment of the High Court, it will be open
to the State to approach the Reference Court for
refund of the amounts already deposited in terms of
the orders passed by this Court.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ SANJAY KISHAN KAUL ]
New Delhi;
August 10, 2018.