SUPREME COURT OF INDIA
J. S. VERMA, B. P. JEEVAN REDDY AND N. VENKATACHALA, JJ.
M/s. Printers House Pvt. Ltd., Appellant
Versus
Mst. Saiyadan (Deceased) by L. Rs., and others, Respondents.
Civil Appeal No. 369 of 1976 (arising out of SLP (Civil) No. 596 of 1976) With C. A. Nos. 946-48 of 1977 and 370 and 371 of 1976, D/- 14-10-1993.
WITH
Mst. Saiyadan (Deceased) by L. Rs., etc., Appellant
Versus
M/s. Printers House Pvt. Ltd.,etc., Respondents.
AND
M/s. Printers House Pvt. Ltd, Appellants
Versus
Masjid of Village and another, Respondents.
AND
M/s. Printers House Pvt. Ltd., Appellant
Versus
M/s. Cold Storage and Food Products and others, Respondents.
Land Acquisition Act, 1894 - Section 4(l), 12, 18, 4 and 23 - Acquired lands - Seeking enhanced compensation - Decreed - A request was made by Company to Punjab Government to acquire said lands, for its benefit - Government, which conceded to request of Company, by a preliminary notification under S. 4(l) of the Land Acquisition Act, 1894, hereinafter referred to as Act, published in Punjab Gazette proposed the acquisition of said lands - Those lands measuring about 12 acres 3 kanals 4 marlas, comprised of 8 kanals 6 marlas (5020.50 sq. yds.) and 1 kanal 19 marlas (1179.75 sq. yds.) of lands owned by Mst. Saiyadan, 9 kanals 2 marlas (5505.50 sq. yds.) and 6 kanals 15 marlas (4083.75 sq. yds.) of lands owned by Messrs Cold Storage and Food Products and 73 kanals 2 marlas (44225.50 sq. yds.) of lands owned by Masjid of Village - Possession of said lands was taken over from their owners by Sub-Divisional Officer-cum-Land Acquisition Collector, hereinafter referred to as L.A.C., acting under Section 17 of Act - Notices under S. 9 of Act were thereafter, issued by L.A.C. to owners of said lands calling upon them to prefer claims for compensation - Owners, responding to said notices, preferred their claims before L.A.C., seeking determination of market-value of acquired lands at rate of Rs. 10 per sq. yard – Held, Unfortunately there is no evidence adduced in case as to what was actual value attributable to working tube well in land and the electric connections If that be so value of 8 kanals of land sold under sale deed, becomes - As sale in instant case had come into existence after about a month after publication of preliminary notification in respect of acquired land with which Court are concerned, Court may make a deduction of out of for increased value due to earlier acquisition of adjoining land and time elapsed - Though these are two plots of lands, Court can consider market-value of plot of 73 kanals and 2 marlas of land, for market-value fixed for it could hold good in respect of an insignificant extent of I kanal 19 marlas in Group - If 73 kanals 2 marlas was to be sold in market, it could not have fetched same price as those Group (1) lands as on date of the publication of preliminary Notification - In result Court dismiss Civil Appeals Nos. and partly allow Civil Appeals Nos. enhancing market-value of acquired lands as stated above and granting solatium at rate of 15 per cent per annum on such enhanced market-value together with interest thereon at rate of 6 per cent per annum from date of taking possession of acquired plots of lands until payment, less amounts if any already paid - Order accordingly.
Judgment
VENKATACHALA, J.:- These appeals arise from a common judgment and separate decrees dated August 27, 1975 made by the High Court of Punjab and Haryana, whereby R.F.A.s Nos. 76, 77 and 78 of 1965 filed by the claimants seeking enhanced compensation for their acquired lands were partly allowed, and R. F. A.s Nos. 68, 69 and 70 of 1965 of the State of Haryana seeking reduction in the compensation awarded to the claimants for their acquired lands were dismissed.
2. Civil Appeals Nos. 369-371 of 1976 are not filed by the State of Haryana but are filed by Messrs. Printers House Pvt. Ltd., a company for whose benefit the lands were acquired and in them reduction in the amount of compensation awarded by the High Court, is sought. Civil Appeals Nos. 946-948 of 1977 are that of the claimants and in them further enhanced compensation for the acquired lands is sought from the State and the company for whose benefit the State acquired the lands.
3. Material facts which have given rise to these appeals lie in a narrow compass:
i) Certain lands situated in the Village Ranhera, Tehsil Ballabhgarh, District Gurgaon (Haryana), abutting Delhi-Mathura Road (G. T. Road) were needed by Messrs. Printers House Pvt. Ltd., hereinafter referred to as the Company, to set up its factory for the manufacture of printing machinery. A request was made by the Company to the Punjab Government to acquire the said lands, for its benefit. The Punjab Government, which conceded to the request of the Company, by a preliminary notification under S. 4(l) of the Land Acquisition Act, 1894, hereinafter referred to as the Act, published in the Punjab Gazette of April 7, 1961, proposed the acquisition of the said lands. Those lands measuring about 12 acres 3 kanals 4 marlas, comprised of 8 kanals 6 marlas (5020.50 sq. yds.) and 1 kanal 19 marlas (1179.75 sq. yds.) of lands owned by Mst. Saiyadan, 9 kanals 2 marlas (5505.50 sq. yds.) and 6 kanals 15 marlas (4083.75 sq. yds.) of lands owned by Messrs Cold Storage and Food Products and 73 kanals 2 marlas (44225.50 sq. yds.) of lands owned by the Masjid of Village Ranhera. The possession of the said lands was taken over from their owners by the Sub-Divisional Officer-cum-Land Acquisition Collector, hereinafter referred to as the L.A.C., acting under Section 17 of the Act. Notices under S. 9 of the Act were, thereafter, issued by the L.A.C. to the owners of the said lands calling upon them to prefer claims for compensation. The owners, responding to the said notices, preferred their claims before the L.A.C., seeking determination of the market-value of the acquired lands at the rate of Rs. 10 per sq. yard.
ii) The L. A. C., by his common award dated August 16,1961 made under Section 12 of the Act, determined the market-value of certain acquired lands at the rate of Rs. 3,600 per acre and other acquired lands at the rate of Rs. 1,600/- per, acre. He awarded 15 per cent solatium on the market-value of the acquired lands. He also awarded interest at 4 per cent per annum on the amount of compensation payable to the claimants for their acquired lands from the date of taking their possession until the date of his award.
iii) Since the claimants did not accept the said award of the L.A.C., they made applications to him under S. 18 of the Act for referring their cases to the Civil Court for granting higher amounts of compensation for their acquired lands. The L.A.C., accordingly, sent three References to the Court of Additional District Judge-cum-Land Acquisition Judge, hereinafter referred to as the Reference Court, for determination of the just amount of compensation awardable to each of the claimants for the concerned acquired land.
iv) The Reference Court, on consideration of the evidence adduced before it by the claimants on one side and the State and the Company on the other side, made a common award and separate decrees dated October 13, 1964 determining the market-value of 8 kanals and 6 marlas of the acquired land of Mst. Sa
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