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1991 Supreme(SC) 461

SUPREME COURT OF INDIA
S. RANGANATHAN, V. RAMASWAMI AND N.D. OJHA, JJ.
Gokal, Appellant
Versus
State of Haryana, Respondent
Civil Appeals Nos....... of 1991 (arising out of S. L. P. (Civil) Nos. 7662 of 1985 with 7231 and 7238 of 1984 etc. etc.), D/-10-9-1991.

Headnote:

Land Acquisition Act - Section 4 - Acquisition of certain lands - Compensation payable in respect of lands - Market value - This Court after considering all and details given in the High Court judgments as well as in judgments of lower courts came to conclusion that a compensation of amount per sq. yard would be quite reasonable - Though there are large number of appeals before us it is common ground that there are four of acquisition on which these lands have been acquired - Relevant of S. 4 notifications are March May September and January - Only question therefore that arises before us is regarding the adjustment that should be made for difference in these of acquisition from considered in the earlier order of this Court - Held, It has been mentioned before us that in some of these cases Court-fee has not paid to cover the entire amount of compensation now awarded - Though formally petition of amendment of valuation has been filed having regard to long lapse of time court permit oral request that claim be amended appropriately and direct that appellants will be paid enhanced compensation as calculated above on payment of Court-fee in accordance with law - In some of these appeals there has been death of some of the appellants and substitution applications have been filed to bring on record legal representatives - Delay in filing of applications is condoned - Order accordingly

JUDGMENT

Leave granted.

2. All these appeals arise out of acquisition of certain lands in the village of Dundahera adjoining Delhi-Gurgaon Road. It is not necessary to set out the facts or figures in great detail because it is common ground that compensation payable in respect of lands in the same village which were acquired on 31-10-1974 came up for consideration of this Court in Paltoo Singh v. State of Haryana (Civil Appeals 1251-1252/82) which were disposed of by this Court on 1st April, 1982. This Court, after considering all the facts and circumstances and the details given in the High Court judgments as well as in the judgments of the lower courts came to the conclusion that a compensation of Rs. 17,50 per sq. yard would be quite reasonable. Though there are, large number of appeals before us it is common ground that there are four dates of acquisition on which these lands have been acquired. The relevant dates of the S. 4 notifications are 20th March, 1975, 26th May, 1976, 3rd September, 1976 and 6th January, 1978. The only question, therefore, that arises before us is regarding the adjustment that should be made for the difference in these dates of acquisition from the date considered in the earlier order of this Court.

3. We have heard elaborate arguments of counsel and the suggestions made by them as to the quantum of increase that should be given in regard to the compensation. After considering all these arguments and having regard to the fact that there must have been a rise in market prices between 1974 and 1978 we think it is fair and reasonable to fix the following figures of compensation:

Date of Section 4 Notification/Date of Acquisition Rate per sq. yard

20-3-1975 20 rupees

26-5-1976 25 rupees

3-9-1976 26 rupees

6-1-1978 30 rupees

4. We direct that the market value be calculated according to the above rates. The appellants will of course be entitled to solatium and interest in accordance with law.

5. It has been mentioned before us that in some of these cases, Court-fee has not paid to cover the entire amount of compensation now awarded. Though formally petition of amendment of valuation has been filed, having regard to long lapse of time we permit the oral request that the claim be amended appropriately and direct that the appellants will be paid the enhanced compensation as calculated above on the payment of Court-fee in accordance with law.

6. In some of these appeals, there has been the death of some of the appellants and substitution applications have been filed to bring on record the legal representatives. Delay in filing of the applications is condoned. These applications are allowed. We, however, make it clear that if there is any dispute regarding the legal representative or the claim of compensation, the same may be put forward before the Land Acquisition Authorities.

7. The appeals are disposed of accordingly.

Order accordingly.

For Citation : AIR 1992 SC 150

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