JT 2008 (8) SC 102
IN THE SUPREME COURT OF INDIA
Altamas Kabir & Markandey Katju, JJ.
Kanta Devi & Ors. - Appellant
Versus
State of Haryana & Anr. - Respondent
Civil Appeal Nos. 1330-1332 of 2003
With Civil Appeal No. 4235 of 2008 [Arising out of SLP (C) NO.9486 of 2003] Civil Appeal No. 4236 of 2008 [Arising out of SLP (C) No. 9380 of 2003] Civil Appeal No. 4240 of 2008 [Arising out of SLP (C) No. 18028 of 2001] Civil Appeal No. 4241 of 2008 [Arising out of SLP (C) No. 3914 of 2002] Civil Appeal No. 4243 of 2008 [Arising out of SLP (G) No. 18029 of 2001] Civil Appeal No. 4242 of 2008 [Arising out of SLP (C) No. 3793 of 2001] Civil Appeal No. 4244 of 2008 [Arising out of SLP (C) No. 15919 of 2001] Civil Appeal No. 4245 of 2008 [Arising out of SLP (C) NO.15925 of 20M] Civil Appeal No. 4246 of 2008 [Arising out of SLP (C) No.15926 of 2001] Civil Appeal No. 4247 of 2008 [Arising out of SLP (C) No.15922 of 2001.1 Civil Appeal No. 4248 of 2008 [Arising out of SLP (C) No.15921 of 2001] . Civil Appeal No. 4249 of 2008 [Arising out of SLP (C) NO.15923 of 2001] Civil Appeal No. '4250 of 2008 [Arising out of SLP (C) NO.16136 of 2001] Civil Appeal No. 42.1 of 2008 [Arising out of SLP(C) No.16137 of 2001] Civil Appeal No. 4252 of 2008 [Arising out of SLP (C) NO.18032 of 2001] Civil Appeal No. 4237 of 2008 [Arising out of SLP (C) NO.9488 of 2003] Civil Appeal No. 4238 of 2008 [Arising out of SLP (C) No.9499 of 2003] And '-Civil Appeal No. 4239 of 2008 [Arising out of SLP (C) NO.9531 of 2003] [From the Judgment dated 16.8.2000 of the High Court of Punjab and Haryana at chandigarh in L.P.A. NO.1 019 of 2000, C.M. No. 1526 of 2000 in L.P.A. No. 1019 of 2000 and L.P.A. NO.1 020 of 2000]
Decided On: 08.07.2008.`
2007 (12) SCALE 685, (2004) 8 SCC 270, (2005) 1.2 SCC 59, (2003) 10 SCC 167, (2003) 4 SCC 481, (1972) 4 SCC 236, (1977) 1 SCC 684, (1984) 2 SCC 324, (2005) 4 SCC 789, (1996) 2 SCC 62, (1996) 9 SCC 640-Referred to.
ALTAMAS KABIR, J.
1. Apart-from Special Leave Petition (Civil) Nos. 9488, 9499 and 9531, all of 2003, leave is granted in respect of all the other Special Leave Petitions heard along with Civil Appeal Nos. 1330-1332 of 2003.
2. These appeals, have their genesis in a common award dated 14 March, 1989, made by the Land Acquisition Collector, Kurukshetra, whereby he awarded compensation in respect of the acquired lands at the rate of Rs. 60,000/- per acre for land in the form of Chahi, Gair Mumkin Tubewell, etc. and at the rate of Rs. 40,000/- per acre in respect of Gair Mumkin Talab Land arid Rasta land.
3. Twenty seven References were made to the Land, Acquisition Judge, Kurukshetra, under Section 18 of the Land Acquisition Act, 1894 and the same were disposed of by an Award dated 2n January, 1993.
4. Being dissatisfied as, to the extent of compensation awarded, the claimants filed Regular First appeals before the High Court. Similarly, being aggrieved by the enhancement of the market value of the lands, the State also preferred, 27 Regular First Appeals. In all, 51 Regular First Appeals, arising from the common Notification, Award, and Judgment of the Land Acquisition Judge, were taken up for hearing together and were disposed of by the learned Single Judge of the High Court by a common Judgment dated 10th August, 1999.
5. Aggrieved by the judgment of the learned Single Judge, the appellants herein filed Letters Patent Appeals (L.P.As) before the Division Bench of the High Court which were mostly dismissed in limine or on account of technicalities. All the appellants, however; are similarly circumstanced and having the same grievance. This batch of appeals have been preferred against the said judgment and order of the Division Bench of the High Court in the various Letters Patent Appeals.
6. Applications have been filed in SLP(C) Nos. 9488/2003, 9499/2003 and 9531/2003 for substitution and setting aside abatement and also permission to file Special Leave Petition. As they all arise out of the si3id common judgment of the High Court, they are allowed and leave is also granted in the connected Special Leave Petitions. As all the appeals relate to the same Notification under Section 4 of the Land Acquisition Act, and arise out of the same Award, they were taken up for hearing and final disposal together.
7. Coming back to the facts of the case, it may be indicated that on 12th June, 1986, the State of Haryana issued a Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter, referred to as the "LA Act") for the acquisition 265 kanals and 19 Marlas of land. in the revenue estate of village ismailabad, District Kurukshetra for the establishment of a new grain market, construction of rest house, staff quarters and other connected purposes of the Market Committee, ismailabad. Notification under Section 6 was thereafter issued on 9th June, 1987 and the Collector, Kyrukshetra, by his Award dated 14th March, 1989 awarded compensation for 250 kanals and 17 marlas, comprising the first category of land referred to above, at the rate of Rs. 60,000/- per acre. For 15 kanals and 2 marlas of land comprising the second category of lands, the compensation was awarded at the rate of Rs.40,000/- per acre. Solatium and interest were also awarded in terms of the provisions of the LA Act.
8. As indicated earlier, twenty seven References were made under Section 18 of the LA Act to the District Judge, Kurukshetra. All the said References were heard together and by his award dated 2nd January, 1993, the District Judge, Kurukshetra enhanced the compensation in respect of the first category of lands to Rs.1,28,000/- per acre and in respect of the second category of lands to Rs.80,0001- per acre.
9. In the Regular First Appeals filed both by the claimants and the State of Haryana, the High Court by a common Judgment dated 10th August, 1999, enhanced the compensation for the acquired lands to Rs.2,88,000/- per acre
Ravinder Narain v. Union of India
Cement Corporation of India Ltd. v. Purya and ors.
Viluben Jhalejar Contractor (Dead) by Lrs. v. State of Gujarat
Ranvir Singh v. Union of India
K.S.Shivadevamma v. Assistant Commissioner of Land Acquisition Officer
REFERRED TO : Lucknow Development Authority v. Krishna Gopal Lahoti and Ors.
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