Jaspal Singh & Others vs The State of Haryana and Others

Court

Supreme Court of India

Date

20 October 2022

Case No.

Civil Appeal Nos. 7516-7521 of 2022

Result

Allowed

Bench

M.R. Shah, M.M. Sundresh

Citation

[2022] 15 S.C.R. 670 : 2022 INSC 1126

Headnote

Land Acquisition Act,1894 – ss.4,6,11 – Compensation – Enhancement of – Lands were acquired for Jhajjar Thermal Power Plant under the provisions of 1894 Act – Acquisition collector determined and awarded compensation @ Rs. 16,00,000/- per acre – Reference court enhanced amount of compensation @ Rs.17,64,350 per acre – High Court reduced the amount of compensation to Rs. 16,00,000/- per acre – Before Supreme Court, landowners placed reliance upon the decision of the case Arawali Power Company Private Limited where compensation @ 25,00,000/- per acre was awarded and contention was raised that the lands acquired in the present case and lands acquired for Arawali Power Company Private Limited are similarly situated – Held: Both the lands in present case and the lands in issue in the case of Arawali Power Project are similarly situated – Further, held that considering the Evidence on record and sale instances and considering the fact that landowners shall be entitled to just and reasonable compensation and taking in consideration of the Arawali Power Company Private Limited case into account – Compensation @22,00,000/- per acre was awarded – Judgement and order passed by High Court was modified accordingly.

Allowing the appeals, the Court

HELD: 1. 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, this Court is 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. [Para 8][676C-E] Arawali Power Company Private Limited (Civil Appeal No. 8757 of 2016 and connected appeals decided on 05.09.2017 by the Supreme Court) – relied on.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 21.03.2022 passed by the High Court of 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 That

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