Back
2013 Supreme(SC) 762
IN THE SUPREME COURT OF INDIA
G.S. SINGHVI, V. GOPALA GOWDA, JJ.
Land Acquisition Collector, Mohali and another - Appellants
Versus
Surinder Kaur - Respondent
CIVIL APPEAL NO. 6993 OF 2013
(Arising out of SLP (C) No.19985 of 2008)
Decided on : August 22, 2013
Subject
Land Acquisition - Compensation
Act Referred
LAND ACQUISITION ACT : S.4(1), S.54, S.5(a)(2), S.18
Headnote
Civil Procedure Code, 1908 - Section 47 - Land Acquisition Act, 1894 - Section 4 - Amount of compensation – Argument - Applicant is entitled to compensation at least at rate mentioned in sale deed which is prior to date of notification section of Act – Court not agree with contention of counsel for claimant that compensation in terms of sale deed should be given which is much higher than rate mentioned in sale as such find that claimant is entitled to compensation at rate which comes to per square yards since one marla is equivalent yards for acquired land this issue is decided in favour of applicant holding that she is entitled to compensation at rate per marla – Held, Counsel for appellants relied upon provisions contained in Punjab Land Records Manual and argued that unit of measurement of land in Anandpur Sahib is inches per karam as against standard of inches and argued that Additional District Judge committed serious error by awarding compensation on assumption that one marla is equivalent yards whereas in area one marla is equivalent yards She argued that Reference Court committed serious illegality by awarding compensation at rate yard by treating measure of one marla - Counsel appearing for respondent supported impugned order and argued that appellants cannot seek modification of award because they had not challenged judgment by filing an appeal senior counsel submitted that even though appellants had an option to challenge determination made by Additional District Judge they did not file appeal Section of Act therefore they do not have locus to contend that measure of marla is less than yards - Appeal dismissed
JUDGMENT
G.S. SINGHVI, J.
1. Leave granted.
2. Having failed to convince the learned Single Judge of the Punjab and Haryana High Court to entertain the revision filed by them against order dated 7.5.2008 passed by Additional District Judge, Ropar in Civil Miscellaneous No.RT-22/10.3.1999/24.12.1999 refusing to tinker with judgment dated 9.4.2001 whereby he held that the respondent herein is entitled to compensation at the rate of Rs.24,200/- per marla, which is equivalent to 30 sq. yards, i.e., at the rate of Rs.806.67 per sq. yard, the appellants have filed this appeal.
3. By Notification dated 12.11.1997 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’), the Government of Punjab proposed the acquisition of land measuring 68 kanals 3 marlas for setting up an Urban Estate at Anandpur Sahib. After considering the report submitted by the Land Acquisition Collector under Section 5-A(2), the State Government issued declaration dated 8.5.1998. The Land Acquisition Collector determined market value of the acquired land as follows:
| 1. | Abadi land within municipal limits or Lal Dora | Rs.4,55,000/- per acre |
| 2. | Gair Mumkin Pahar/Choe/khad | Rs.65,000/- per acre |
| 3. | Barani/Banjar Zadid/Kadim | Rs.1,95,000/- per acre |
| 4. | Chahi/Nehri | Rs.3,00,000/- per acre |
4. Dissatisfied with the award of the Land Acquisition Collector, the respondent filed an application under Section 18 of the Act. Thereupon, the Collector made a reference to the Court for determination of the amount of compensation. Additional District Judge, Ropar decided the reference vide judgment dated 9.4.2001, the relevant portion of which is extracted below:
“I find that the applicant is entitled to compensation at least at the rate mentioned in sale deed Ex P/7, which is prior to the date of notification under section 4 of the Act. I do not agree with the contention of learned counsel for the claimant that the compensation in terms of sale deed Ex. P5 should be given, which is much higher than the rate mentioned in sale deed Ex.P-7 as such I find that the claimant is entitled to compensation at the rate of Rs.24,200/- per marla which comes to Rs.806.67 per square yards since one marla is equivalent to 30 sq. yards for the acquired land. Accordingly, this issue is decided in favour of the applicant holding that she is entitled to compensation at the rate of Rs. 24,200/- per marla.”
5. After about two years, the respondent filed Execution Petition No.402 of 2003 and prayed for issue of a direction to the appellants to pay the amount of compensation. The appellants filed objections dated 9.12.2004 under Section 47 CPC and pleaded that the determination made by the Reference Court was erroneous. The same were rejected by the learned Additional District Judge vide order dated 18.4.2007 in the following terms:
“It is also not disputed that the claimant invoked section 18 of the Land Acquisition Act, and the Land Acquisition Collector referred the matter to this Court. It is also agreed that my learned predecessor was pleased to pass an award dt. 9.4.2001 and to order that the compensation be given to the claimant of her acquired land at the rate of Rs.24,200/- per marla. The dispute between the parties, at present is as to whether my learned predecessor, has awarded compensation by holding that the marla should be treated to be measuring 25 sq. yds or as to whether the marla should be treated to be that of 30 sq. yards. The controversy above said, has been answered by my learned predecessor, in the award itself, that in para no. 11 of the award dated 9.4.2001. Herein my learned predecessor, has clearly asserted that the claimants are entitled to compensation at the rate of Rs.806.67 per sq. yard. Hence by way of clarification, it is ordered that the compensation be computed at the rate of Rs.806.67 per sq yard. Accordingly, both the pa
