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1994 Supreme(SC) 810

SUPREME COURT OF INDIA
M.M. PUNCHHI AND K. JAYACHANDRA REDDY, JJ.
Mehtab Singh and others etc. etc. Appellants
Versus
State of Haryana, Respondent.
C.A Nos. 5743-48 of 1994 (arising out of SLP (Civil) Nos. 10940-45 of 1983). With C. A. Nos. 5749-5755 of 1994 (arising out of SLP (Civil) Nos. 754, 760,717, 812,1273,773 and 774 of 1984)
Decided on 30-8-1994.
 
Advocates appeared
Mr. Mahabir Singh and Mr. S. Srinivasan, Advs. (in CA Nos. 5743-48 and 5753 of 1994), Mr. Uma Dutta, Adv. (in CA Nos. 5749 to 5752, 5754,5755 of 1994) for Appellants; Mr. K.C. Bajaj, for Ms. Indu Malhotra, Adv, for Respondent.
* RFA Nos. 729, 700, 711, 715, 725 and 913 of 1982, D/- 30-3-1983 (Punj and Har).

Advocates:
Indu Malhotra, K.C.BAJAJ, Mahabir Singh, S.SRINIVASA VARMA, Uma Datta

Headnote:

Land Acquisition (Amendment) Act 1984 – Section,8 - Enhancement of compensation - Payment of interest - Appeals artificially are divided in two groups but aim is common as foundation- A large chunk of land measuring acres abutting Delhi Road near town of District was acquired for public purpose of development and as industrial area- A notification Land Acquisition Act for purpose was issued acquisition proceeded speedily because within a matter of days Land Acquisition Collector gave award fixing two rates of compensation- land abutting Delhi- Road up to a depth either side of road was to fetch compensation at rate and remaining land on either side of road at rate - Approximately compensation worked out to about Rs- 4/- per square yard- Noticeably price difference amongst two classification was barely dissatisfied land-owners on reference Section Land Acquisition Act to District Judge were successful in obtaining compensation at flat per square yard –Held, Land Acquisition Collector even though classifying acquired land in two categories had not made any marked disparity between rates- difference barely was few per square yard- learned District Judge in our view rightly wiped out classification in giving a flat rate per square yard- learned single Judge in appeal resurrected classification and put it per square yard on land abutting Delhi- Road up to depth - on either side of road and remaining land per square yard- State of Haryana seemingly submitted to rate as given by learned single Judge for land abutting Delhi-Rohtak Road for it did not carry matter further in appeal- Thus as a Court are of view that when classification of two sets of land right from beginning was marginal and not appreciable re was no occasion for High Court to have restored classification on a large disparity and thus a uniform rate per square yard would now inevitably have be given as correct compensation awardable claimants-land owners and not Rupees basis of Maya Devi case (supra)- enhancement due to claimants-land owners is basis of uniformity of rate as for part of land acquired has been awarded and since was no basis for classification re were no premises for different rates of compensation - Appeal allowed

JUDGMENT

PUNCHHI, J.:- Special leave granted in all these matters.

2. These appeals artificially are divided in two groups but their aim is common, as is their foundation. A large chunk of land measuring 267.91 acres abutting the Delhi Rohtak Road near the town of Bahadurgarh, District Rohtak was acquired for the public purpose of development and utilisation as industrial area. A notification under S.4 of the Land Acquisition Act for the purpose was issued on 6-1-1977. The acquisition proceeded speedily because within a matter of days, i.e., on 18-2-1977, the Land Acquisition Collector gave award fixing two rates of compensation. The land abutting Delhi-Rohtak Road up to a depth of 36 Karams (198 ft.) on either side of the road was to fetch compensation at the rate of Rs. 20,560/- and the remaining land on either side of the road at the rate of Rs. 20,000/- per acre. Approximately the compensation worked out to about Rs. 4/- per square yard. Noticeably the price difference amongst the two classification was barely Rs. Rs. 560/- per acre. The dissatisfied land-owners on reference under Section 18 of the Land Acquisition Act to the District Judge, Rohtak were successful in obtaining on 27-2-1982 compensation at the flat rate of Rs. 7/- per square yard, i.e. at the rate of Rs. 33,880/- per acre doing away with the classification. The acquisition was thus complete at the District Judges level under the law as it stood prior to the Land Acquisition (Amendment) Act, 1984. The Land Acquisition Collector was thus ordered to pay solatium @ 15% and interest @ 6% payable under the law then existing.

3. Some dissatisfied land-owners, including the appellants, moved the Punjab and Haryana High Court in first appeals claiming a higher rate of compensation. A learned single Judge of that Court on considering the evidence and material on the record viewed that since several industries had come up before the acquisition in the locality where the acquired land was situated, the price, therefore, would have to be determined on that potential. As correctly suggested, the learned single Judge placed no reliance on instances where rates related to small pieces of land. The learned single Judge relied rather upon another decision of that Court in Regular First Appeal No. 1060 of 1981, decided on February 15, 1982, where with regard to the same acquisition Rs. 10/- per square yard had been granted and thus instantly granted Rs. 10/- per square yard for the land acquired but reviving the classification gave a higher compensation of Rs. 15/- per square yard for the land abutting on both sides of the Delhi- Rohtak Road up to a depth of 200 ft, (almost equal to 36 Karams). Some of the dissatisfied land owners took their cases in Letters Patent Appeal before a Division Bench of that High Court but unsuccessfully. They stand granted special leave to appeal against the judgment and order of the Letters Patent Bench. They form one group. Some other land owners have directly obtained leave against the decision of the learned single Judge. They form the other group. Both seek enhancement of compensation.

4. The basis of the claim of the appellants is somewhat chain reacted and circuitous. It has been traced that the decision of the District Judge, Rohtak dated 27-2-1982 in the instant cases, awarding a uniform rate of Rs. 7/- per square yard, was followed by an Additional District Judge, Rohtak on 27-7-1982 in L.A. Case No. 145/4 of 1982 who had made an award on 27-7-1982 relating to the same acquisition, adopting the rate of Rs. 7/- per square yard. And when the dissatisfied land owners of that case approached the High. Court in Appeal, another learned single Judge on May 18, 1990 in Maya Devi v. State of Haryana, regular First Appeal No. 150 of 1982, made an award granting compensation at the rate of Rs. 18.60 per square yard. To arrive at such figure the decision of that court in Regular First Appeal No. 488 of 1975 (Sher Singh v. State of Haryana) decided






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