State of Haryana & Anr. vs Subhash Chander & Ors.

Court

Supreme Court of India

Date

10 February 2023

Case No.

Civil Appeal Nos. 859 - 899 of 2023

Result

Partly allowed

Bench

M.R. Shah, C.T. Ravikumar

Citation

[2023] 1 S.C.R. 443 : 2023 INSC 120

Headnote

Land Acquisition Act, 1894 – Compensation – Just compensation –Determination of – Acquisition of land for public purpose – High Court awarded compensation for lands acquired vide notification dated 13.01.2010 at Rs.2,98,54,720/- per acre with all statutory benefits – Whether while determining compensation, the High Court materially erred in taking into consideration and/or relying upon the earlier judgment of Supreme Court in State of Haryana Vs. Ram Chander which awarded Rs.2,38,00,000/- per acre for lands acquired vide notification dated 25.01.2008 and then granting a cumulative increase of 12 % – Held: In its’ said earlier decision, Supreme Court determined compensation at Rs.2,38,00,000/- per acre with the specific observation that the judgment may not be treated as a precedent – However, even on merits also, the Supreme Court considered and accepted sale instances produced on behalf of land owners ranging between 2007 and 2008 – Therefore, as such determination of compensation at Rs. 2,38,00,000/- per acre with respect to 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 permissible – In the facts and circumstances of the case and considering the sale instances produced on record, instead of 12% enhancement on Rs.2,38,00,000/- a 10% increase can be said to be just compensation and may meet the ends of justice – In that view of the matter, market value for the lands acquired vide notification dated 13.01.2010 will be at Rs. 2,87,98,000/- per acre – Land owners concerned accordingly entitled to compensation at Rs. 2,87,98,000/- per acre with all other statutory benefits available under the Land Acquisition Act, 1894.

Pehlad Ram v. HUDA (2014) 14 SCC 778 and Ramrao Shankar Tapsevs Maharashtra Industrial Development Corporation & Ors. (2022) 7 SCC 563 – 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 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 the lands acquired at Rs. 2,98,54,720/- per acre with all other statutory benefits, the State of Haryana has preferred the present appeals. 2. The fa

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