IMPORTANT POINT
High Court, after recording a finding that market price of land should be Rs.63/- per sq. yd. could not fix the same at Rs.50/- per sq. yd.

Headnote:Land Acquisition Act, 1894 – Section 23 – High Court considering all factors including potentiality of land and rate of one adjacent land also acquired at the same time for determination of market value – Holding the appellants entitled to compensation at the rate of Rs.63/-per Square yard – However, finally assessing the market value at Rs.50/-per square yard in place of Rs.63/-per sq. yard – Not justified. (Para 20, 24)
       (1982) 1 SCC 419; (1988) 3 SCC 751; (2003) 1 SCC 354; (2009) 15 SCC 769; (2010) 12 SCC 707; (2011) 7 SCC 71 4 – Relied upon
       1959 Supp(1) SCR 922; (1968) 3 SCR 459; (1985) 3 SCC 737; (1995) 5 SCC 433; (1997) 6 SCC 59; (2003) 12 SCC 642; (2008) 14 SCC 745; (2009) 9 SCC 750; (2009) 14 SCC 441; (2011) 8 SCC 91; (2012) 1 SCC 390; (2013) 11 SCC 426; (2013) 14 SCC 406 – Referred
       Facts of the case:
       This case relates to compensation in land acquisition proceedings.
       Finding of the Court:
       Market price fixed at Rs. 63/- pr sq. yd.
       Result: Appeal partly allowed.

JUDGMENT

Abhay Manohar Sapre, J.

1. Civil Appeal No. 7377 of 2008 is filed against the judgment and order dated 19.10.2005 passed by the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal No. 363 of 1989 which arises out of order dated 21.11.1988 passed by the Additional District Judge Faridabad in Land Acquisition Case No. 15 of 1988. Civil Appeal Nos. 8635-8636 of 2014 & 8637-8638 of 2014 are filed against the final judgment and orders dated 07.05.2010 along with modified orders dated 23.07.2010 and 27.05.2010 passed by the High Court of Punjab and Haryana in Regular First Appeal Nos. 2214 of 2010 (O&M) and 2253 of 2010 (O&M) respectively whereby the High Court disposed of both the R.F.As in terms of order dated 19.10.2005 passed in R.F.A. No. 363 of 1989. Civil Appeal Nos. 6184-6185 of 2010 are filed against the judgment and order dated 20.10.2009 in R.F.A. No. 3165 of 1993(O&M) and Cross Objection Petition No. 85-CL of 2009.

2. By impugned judgment/orders, the Division Bench of the High Court partly allowed the first appeals filed by the appellants herein (claimants/landowners) and enhanced the quantum of compensation payable to the claimants at the rate of Rs.50/-per sq. yard for their lands, which were acquired by the State under the Land Acquisition Act 1894 (hereinafter referred to as “The Act"). Dissatisfied with the judgment/orders passed by the High Court, the claimants/land owners have filed these appeals for enhancement of the compensation.

3. The question that arises for consideration in these appeals is whether the High Court was justified in partly allowing the appeals filed by the claimants/landowners by awarding compensation at the rate of Rs.50/-per sq. yard for their lands which were acquired by the State or the rate should have been more than Rs.50/-per sq. yard?

4. In order to appreciate the controversy involved in these appeals, it is necessary to state the relevant facts infra.

5. The appellants are the owners of the land described hereinbelow in relation to the appellants in the appeals:

(i) Appellants in of C.A. No. 7377 of 2008 and C.A. Nos. 6184-6185 of 2010 are the owners of the land acquired in village Atmadpur Hadbast No. 127, Tehsil Ballabgarh, District Faridabad. AND

(ii) Appellants in C.A. Nos. 8635-8636 of 2014 and 8637-8638 of 2014 are the owners of the land acquired in village Mawai, Hadbast Nos. 126 4, Tehsil Ballabgarh, District Faridabad.

6. In exercise of the powers conferred under Section 4 of the Act, the State Government issued a notification on 04.11.1977 and acquired a large chunk of land measuring 689 Kanals and 17 Marlas in village Atmadpur, Hadbast No. 127, Tehsil Ballabhgarh District Faridabad, Haryana (as mentioned in Award No.13 of 1982-83 –filed as Annexure P-1 in C.A. No. 7377 of 2008), 66 Kanals 15 Marlas and 149 Kanals and 18 Marlas in Village Mawai, Hadbast Nos. 126 & 4, Tehsil Ballabgarh, District Faridabad (as mentioned in Award No.12 of 1982-83 & Award No. 1 of 1984-85-filed as Annexures P-1 & P-3 respectively in C.A. Nos. 8635-36 of 2014 & 8637-8638 of 2014) and 445 Kanals 12 Marlas in village Atmadpur, Hadbast No. 127, Tehsil Ballabhgarh District Faridabad, Haryana (as mentioned in Award dated 06.04.1989 passed by the reference Court of Land Acquisition Collector-filed as Annexure P-1 in C.A. Nos. 6184-85 of 2010) for development of residential colonies for the public at large. It was followed by the declaration published on 01.11.1980 under Section 6 of the Act. The aforementioned land belonging to the appellants was also acquired pursuant to these notifications.

7. This led to initiation of the proceedings for determination of compensation payable to each of the landowners including that of the appellants herein by the Land Acquisition Officer (in short “the LAO”). Under Section 9 of the Act, notices were issued to the appellants calling upon them to participate in the land acquisition proceedings to enable the LAO to determine the fair market va

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2015 Supreme(SC) 312

IMPORTANT POINTHigh Court, after recording a finding that market price of land should be Rs.63/- per sq. yd. could not fix the same at Rs.50/- per sq. yd.

Cases Referred (18)

IMPORTANT POINT
High Court, after recording a finding that market price of land should be Rs.63/- per sq. yd. could not fix the same at Rs.50/- per sq. yd.