(2010) 11 Supreme Court Cases 175
G.S. SINGHVI AND A.K. GANGULY, JJ.
HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION. …..Appellant;
Versus
PRAN SUKH AND OTHERS. ……..Respondents.
Civil Appeals No. 6515 of 2010 with Nos. 6561, 6516, 6528, 6531, 6529, 6552, 6567, 6535, 6836, 6560, 6571, 6530, 6525-27, 6570, 6546, 6565, 6548, 6550, 6563, 6537, 6532, 6569, 6534, 6559, 6572, 6583, 6580, 6573, 6584, 6588, 6590, 6575, 6823, 6853, 6855, 6554, 6566, 6557, 6533, 6558, 6541, 6556, 6562, 6568, 6564, 6539, 6538, 6553, 6540, 6852, 6576, 6587, 6582, 6581, 6577, 6574, 6585, 6578, 6579,6854, 6666-67, 6757, 6747-55, 6831, 6756, 6591, 6651, 6606, 6592, 6658, 6594-95, 6650, 6657, 6655, 6596-97, 6620-21, 6602-03, 6622, 6598, 6624, 6647, 6654, 6599, 6607-08, 6623, 6609, 6600-01, 6649, 6593, 6605, 6610-12, 6653, 6613, 6642, 6652, 6643, 6614, 6659, 6645, 6648, 6656, 6646, 6626, 6615-16, 6644, 6625, 6639, 6636-37, 6627, 6631, 6628, 6638, 6641, 6629-30, 6619, 6635, 6640, 6632-33, 6824-27, 6664-65, 7724-25, 7723 of 2009, 6871-75 of 2010, 6876-78 of 2010, 53,1370,2475,4212-15,4218,4220-34 of 2010, 6879-6997 of 2010, 7002-48 of 2010.
Decided on : August 17, 2010
Land Acquisition Act, 1894 – Section 23 – Deductions – High Court allowing 25% deduction for some plots and 20% for some other – Not fair – Corporation directed to pay market value of the entire acquired land at the rate of Rs. 20 lakhs per acre with all statutory benefits. (Para 24, 27)
Subh Ram v. State of Haryana – Relied upon
Facts of the case:
This case relates to determination of market of land under acquisition.
These appeals, most of which have been filed by Haryana State Industrial Development Corporation and some by the landowners, are directed against the judgments of the Punjab and Haryana High Court whereby market value of the land acquired for setting up an industrial model township at Manesar has been enhanced and the Corporation has been directed to pay higher compensation to the landowners. While the Corporation is aggrieved by fixation of higher market value by the High Court and has prayed for reducing the same, the landowners have prayed for further enhancement of the compensation.
Finding of the Court:
Market price has been correctly determined, but High Court has erred in allowing deductions.
Result:
Civil Appeals Nos. 6553, 6757, 6831 and 6853 of 2009 and 16283-84 of 2010 allowed.
Appeals filed by Corporation dismissed.
JUDGMENT
1. Delay condoned. Permission to file SLP is granted in SLP (C) No.8209 of 2008. Leave granted in all the special leave petitions.
2. These appeals, most of which have been filed by Haryana State Industrial Development Corporation (for short "the Corporation") and some have been filed by the landowners, are directed against the judgments of the Punjab and Haryana High Court whereby market value of the land acquired for setting up an industrial model township at Manesar has been enhanced and the Corporation has been directed to pay higher compensation to the e landowners. While the Corporation is aggrieved by fixation of higher market value by the High Court and has prayed for reducing the same, the landowners have prayed for further enhancement of the compensation.
3. CAs Nos. 6553, 6757, 6831 and 6853 of 2009 and the appeals arising out of SLPs (C) Nos. 16283-84 of 2010 are directed against the orders passed by the High Court dismissing the regular first appeals of the landowners as barred by time.
4. For the sake of convenient reference, the appeals have been divided into three groups. The first group comprises of the appeals preferred by the Corporation and the landowners against the judgments of the learned Single Judges by which market value of the acquired land has been fixed at Rs.15 lakhs per acre. The second group comprises of the appeals filed by the Corporation and the landowners against the judgment dated 5-9-2008 of the learned Single Judge who fixed market value of the acquired land at Rs.12 lakhs per acre. The third group comprises of the appeals filed by the landowners against the High Court's refusal to condone the delay in filing of appeals under Section 54 of the Land Acquisition Act, 1894 (for short "the Act").
Facts relating to the first group of appeals
5. By Notification dated 15-11-1994 issued under Section 4 of the Act, the Government of Haryana proposed acquisition of 1490 acres 3 kanals and 17 marlas of land situated in Villages Manesar, Naharpur Kasan, Khoh and Kasan of District Gurgaon for setting up an industrial model township at Manesar. After getting an enquiry conducted under Section 5-A of the Act, the State Government issued Notification dated 10-11-1995 under Section 6 of the Act in respect of land measuring 1490 acres 2 kanals and 16 marlas. By an award dated 3-4-1997, the Land Acquisition Collector fixed market value of the acquired land as Rs.4,13,600 per acre and accordingly determined the amount of compensation payable to the landowners.
6. Feeling dissatisfied with the award of the Land Acquisition Collector, the landowners filed applications under Section 18 of the Act. Thereupon, the Collector referred the matter to the court concerned. In support of their claim for award of enhanced compensation, the landowners produced sale instances, Exts. P-1 to P-13, a copy of massavi chakbandi of Village Khoh as Ext. P-14 and aks shajras of the four villages as Exts. P-15 to P-18. On behalf of the State Government, Shri Arun Kumar Pandey, Manager of the Corporation was examined as RW 1. In addition, documentary evidence in the form of sale deeds, Exts. R-1 to R-15; site plan, Ext. RX; and award, Ext. RY passed by the Reference Court in earlier references arising out of the same award were produced.
7. By separate but similar orders, the Reference Court fixed market value of the acquired land by dividing the same into two blocks. Block A was carved out for the land falling within 500 yd of National Highway 8 and market value thereof was fixed at Rs. 6,89,333. The remaining land was included in Block B, but market value thereof was not increased.
8. The landowners challenged the orders of the Reference Court by filing appeals under Section 54 of the Act. By the impugned judgments, the High Court fixed market value of the acquired land at Rs. 15 lakhs per acre and held that the landowners are entitled to compensation on that basis along with all statutory benefits.
Facts relating to the second
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