Land Acquisition Act, 1894: Enhancement of compensation – Acquisition of land for setting up Industrial Model Township, Phase V, Manesar for development of integrated complex for industrial, commercial, recreational and other public utilities – Award of compensation – Land-owners sought enhancement of compensation – High Court considered Exhibit P13 concerning an extent of land admeasuring 8 Kanals and 8 Marlas in the limits of Village Lakhnoula and two Sale Deeds (Exhibits P24 and P25) – It also considered the assessment of market value made by it in respect of acquisition pertaining to Phases II, III and IV in its decision in Madan Pal III vs. State of Haryana and finally arrived at the market value for the villages in question – The assessment in Madan Pal III vs. State of Haryana which was the foundation of the decision of the High Court in the instant case, was scaled down by this Court in Wazir and Another vs. State of Haryana – Therefore, theoretically, the market value arrived at by the High Court would be on the higher side – The Sale Deeds i.e. Exhibits P-13, P-24 and P-25, the extent of lands involved therein, their location and other features were considered by the High Court in right perspective – No interference called for.
Dismissing the appeals, the Court
HELD: 1. With regard to Phases II, III and IV of the Industrial Model Township, Manesar, Gurgaon, acquisition proceedings were initiated in respect of lands falling in villages Naharpur Kasan, Kasan, Bas Kusla, Bas Haria, Dhana and Manesar by issuing Notifications dated 06.03.2002, 07.03.2002 and 26.02.2002 under Section 4 of the Act. The High Court vide its decision dated 09.03.2018 in Madan Pal III vs. State of Haryana, assessed the market value in respect of lands from villages Naharpur Kasan, Kasan, Bas Kusla, Bas Haria, and Dhana (covered by Phases II and III) at Rs.41.40 lakhs per acre; while the value for lands from village Manesar (covered by Phase IV) was assessed at Rs.62.10 lakhs per acre. The appeals arising therefrom were decided by this Court vide its Judgment dated 11.01.2019 as modified by Order dated 08.02.2019 in Civil Appeal Nos.264-270 of 2019 and other connected matters (Wazir and Another vs. State of Haryana) i.e., after the decision of the High Court which is presently under appeal. The relevant operative directions issued by this Court were:- In respect of lands under acquisition from Villages Naharpur Kasan and Kasan the market value shall be Rs.39,54,666 per acre. Additionally, all statutory benefits would be payable. In respect of lands under acquisition from Villages Bas Kusla, Bas Haria and Dhana the market value shall be Rs.29,77,333 per acre. Additionally, all statutory benefits would be payable. In respect of lands from Village Manesar the market value shall be Rs.59,31,999 lakhs per acre. Additionally, all statutory benefits would be payable.” [Para 4][359-G-H; 360A-E]
2. In the instant case, the High Court considered Exhibit P13 concerning an extent of land admeasuring 8 Kanals and 8 Marlas in the limits of Village Lakhnoula and two Sale Deeds in respect of M/s Conway Developers Private Limited. (Exhibits P24 and P25). It also considered the assessment of market value made by it in respect of acquisition pertaining to Phases II, III and IV in its decision in Madan Pal III vs. State of Haryana and finally arrived at the market value for the villages in question. As a matter of fact, the assessment in Madan Pal III vs. State of Haryana which was the foundation of the decision of the High Court in the present case, was scaled down by this Court in Wazir and Another vs. State of Haryana. Therefore, theoretically, the market value arrived at by the High Court would be on the higher side. [Paras 7, 8][361-D-F]
Madan Pal III v. State of Haryana (2018) SCC OnLine P & H 2871 – referred to.
3. Exhibit P-20 Sale Deed was rightly rejected by the Reference Court and the reasoning in that behalf is quite correct. The other Sale Deeds i.e. Exhibits P-13, P-24 and P-25, the extent of lands involved therein, their location and other features were considered by the High Court in right perspective and the matter calls for no interference. [Para 9][361-G]
General Manager, Oil and Natural Gas Corporation Limited v. Rameshbhai Jivanbhai Patel and Another (2008) 14 SCC 745 : [2008] 11 SCR 92; Wazir and Another v. State of Haryana (2019) 13 SCC 101 : [2019] 2 SCR 571 – referred to.
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.
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