SUPREME COURT OF INDIA
L. M. SHARMA, S. MOHAN AND N. VENKATACHALA, JJ.
hag Singh and others, Petitioners
Versus
Union Territory of Chandigarh, Respondent.
S.L.P. (C) Nos. 7368-7390, 7416-7427, 7393, 7399 and 5054 of 1980
Decided on 8-9-1992.
Land Acquisition Act, 1894 - Section 18 and 4(l) – Claim of compensation - Cross-objectors - Special Leave Petitions - Market value of lands - Petitioners were either appellants or cross-objectors in the appeals before the High Court. As they were not satisfied with amounts of compensation awarded for their acquired lands by Court of District Judge on references received by it under Section 18 of Act grant of a higher compensation was sought by them from the High Court - By its common judgment, the High Court granted higher amounts of compensation for the acquired lands of the appellants and the cross-objectors, though it fell short of the amounts of higher compensation sought by them - These Special Leave Petitions are now presented by them seeking grant of leave of this Court to appeal against the judgment of the High Court so as to obtain from this Court higher amounts of compensation for their acquired lands - Held, Judgments of the High Court given in a large number of cases determining the market value of lands in a huge tract at uniform rates cannot be revised in our view solely on the basis of claim made on behalf of petitioners that a learned Judge of the same High Court in a subsequent stray case has awarded a higher compensation for a piece of land said to be in the same tract of the acquired lands - If recourse is taken to such procedure, the market value already determined in a large number of cases at uniform rates may go on requiring either enhancement or reduction whenever subsequent judgment of the Court in a stray case brings about a variation in the market value of land concerned - To say least such procedure if is resorted to by Courts in determination of market value of lands lying in large tracts based on previous awards or judgments can never reach finality - Besides recourse to such procedure could give ample scope for making of arbitrary and fanciful awards in land acquisition cases - Petitions dismissed.
JUDGMENT
VENKATACHALA, J.:—These Special Leave Petitions being those directed against judgments of one and the same Division Bench of the High Court of Punjab and Haryana by which market value of lands of the petitioners acquired under the provisions of the Land Acquisition Act, 1894 (for short the Act) has been determined on common materials and considerations, they could be disposed of by this common judgment.
2. We shall first deal with SLP (C) Nos. 7368-7376, 7379-7390, 7393 and 7399 of 1980 directed against one of the common judgments of the High Court as the decision in them will suffice for disposal of the remaining Special Leave Petitions where common questions arise for consideration.
3. Petitioners were either the appellants or cross-objectors in the appeals before the High Court. As they were not satisfied with the amounts of compensation awarded for their acquired lands by the Court of District Judge at Chandigarh, on references received by it under Section 18 of the Act, grant of a higher compensation was sought by them from the High Court. By its common judgment, the High Court granted higher amounts of compensation for the acquired lands of the appellants and the cross-objectors, though it fell short of the amounts of higher compensation sought by them. These Special Leave Petitions are now presented by them seeking grant of leave of this Court to appeal against the judgment of the High Court, so as to obtain from this Court higher amounts of compensation for their acquired lands.
4. Parcels of lands of the appellants and the cross-objectors situated in Badheri, Kajheri, Palsaura, Nizampur Burail and Burail were proposed for acquisition for the development of new sectors to be added to the city of Chandigarh, by Notification under Section 4(l) of the Act published in the local Gazette on two dates, to wit, July 28, 1970 and December 16, 1970. Court of the District Judge which received References under Section 18 of the Act broadly categorised the acquired parcels of lands into four categories and determined the market value of lands falling in each such category, thus:
1. Chahi at the rate of Rs. 18,750/- - an acre
2. Chahi muster at the rate of Rs. 12,500/- an acre.
3. Barani and Bagh barani at the rate of Rs. 10,000/- an acre.
4. Chair Mumkin, bara, maken chah, tubewell, huts, pirh and rasta area at the rate of Rs. 5,000/- an acre.
5. A Division Bench of the High Court which considered the appeals and cross-objections including the appeals and cross-objections of the petitioners who were the appellants and cross-objectors before it, reduced the categories of their acquired lands into three and determined the market value of lands falling in each such category, thus:
1. Chahi at the rate of Rs. 18,750/-per acre.
2. Chahi muster at the rate of Rs. 12,500/ - per acre.
3. At other types and quality of land at the rate of Rs. 12,000/- per acre.
6. As becomes apparent from the judgment of the High Court, the parties before it did not dispute that the acquired lands situated in various villages fell in the same alignment to the West of Chandigarh City and there was no material increase in the prices of the acquired lands between July 28, 4970 and December 16, 1970, the dates on which the two sets of lands, had been notified for acquisition. Learned Judges of the High Court deciding the appeal have adverted to in their judgment, to RFA No. 181 of 1970 by which a learned single Judge of the same Court had determined the market value of a land in the village Burail, acquired along with the lands with the market value of which they were concerned. Learned single Judge who decided that appeal, it is stated, determined the market value of Chahi land at Rs. 18,750/- per acre, Chahi muster land at Rs. 12,500/- per acre and all other types of land at the rate of Rs. 12,000/- per acre, and that determination of the market value of the lands had resulted in an enhancement of compensation payable to the claimants concerned there. Learned Ju
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