Land Acquisition Act, 1894 – Compensation – Determination – Land acquired vide notifications dated 30.06.2005 and 5.3.2007 of villages Badh Malik, Pritampura and Rasoi in District Sonipat, Haryana – For land acquired vide notification dated 30.06.2005 for villages Badh Malik, Pritampura and Rasoi, the High Court enhanced the compensation to Rs. 29,54,000/- per acre and for land acquired vide notification dated 05.03.2007 for the aforesaid villages, the High Court awarded compensation @ Rs. 45,00,000/per acre – Challenge to – Held: The amount of compensation assessed and determined for the land acquired vide notification dated 30.06.2005 acquired of very villages Badh Malik, Pritampura and Rasoi can be said to be the governing factor even while determining the compensation for the land acquired vide notification dated 5.3.2007 as under both the notifications the lands acquired are for the same public purpose, namely, development of industrial sector 39, Sonipat, Haryana – While assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification dated 30.06.2005, the High Court considered the sale deeds produced as Ex. P43 & P44 – If one considers the main Ex. P43 & P44, which are the sale deeds dated 15.04.2005 and thereafter applying the cut off of 50%, the market value of the land would come to Rs. 24,43,693/- per acre – Instead, without any adequate reasons, the High Court assessed and enhanced the amount of compensation @ Rs. 29,54,000/- per acre – Therefore, the High Court committed very serious error in assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification dated 30.06.2005 – After making the round figure, the landowners /claimants shall be entitled to compensation @ Rs.24,50,000/- per acre with respect to the land acquired vide notification dated 30.06.2005, with all other statutory benefits, which may be available under the provisions of the 1894 Act – So far as the land acquired vide notification dated 5.3.2007 is concerned, there shall be a corresponding increase looking to the time gap of approximately one year and nine months and giving
8 to 12 percent cumulative increase – However, the High Court determined the compensation @ Rs. 45,00,000/- per acre on the basis of the sale deed (Ex. P4) by applying 10% cut – Notably, so far as the first notification dated 30.06.2005 is concerned, the High Court applied the cut of 50% – Even otherwise, the sale deed produced as Ex. P4 is dated 2.11.2006 and the acquisition of the same villages commenced vide notification dated 30.06.2005 and therefore the sale deed after the first notification dated 30.06.2005 could not have been the basis for assessing/determining the compensation with respect to the subsequent acquisition – On the contrary, giving 8 to 12 percent cumulative increase on the amount of compensation awarded for the land acquired vide notification dated 30.06.2005, would be a safe and guiding factor – If that be so, compensation with respect to the land acquired vide notification dated 5.3.2007, would come to Rs. 30,73,280/- per acre (Rs. 24,50,000/- + 12% increase = Rs.27,44,000/- + 12% increase = Rs.30,73,280/-) – Impugned common judgment of the High Court accordingly modified.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.