SUPREME COURT OF INDIA
H.L. Dattu, CJI., Arjan Kumar Sikri, Arun Mishra, JJ.
Ashok Kumar and Ors. - Appellants
Vs.
State of Haryana and Ors. - Respondents
C.A. Nos. 2231-2242 of 2015 (Arising out of SLP(C) Nos. 26432-26443 of 2013), 2243-2249 of 2015 (Arising out of SLP(C) Nos. 28337-28343 of 2013), 2250-2253 of 2015 (Arising out of SLP(C) Nos. 29595-29598 of 2013), 2254 of 2015 (Arising out of SLP(C) Nos. 29599 of 2013), 2255-2256 of 2015 (Arising out of SLP(C) Nos. 29600-29601 of 2013), 2257 of 2015 (Arising out of SLP(C) No. 29602 of 2013), 2258-2274 of 2015 (Arising out of SLP(C) Nos. 29604-29620 of 2013), 2275 of 2015 (Arising out of SLP(C) No. 29621 of 2013), 2276 of 2015 (Arising out of SLP(C) No. 31785 of 2013), 2277-2287 of 2015 (Arising out of SLP(C) Nos. 31814-31824 of 2013), 2288-2291 of 2015 (Arising out of SLP(C) Nos. 32644-32647 of 2013), 2292-2299 of 2015 (Arising out of SLP (C) Nos. 32969-32976 of 2013), 2300 of 2015 (Arising out of SLP(C) No. 34887 of 2013), 2301-2304 of 2015 (Arising out of SLP(C) Nos. 37112-37115 of 2013), 2305-2327 of 2015 (Arising out of SLP(C) Nos. 37553-37575 of 2013), 2328 of 2015 (Arising out of SLP(C) No. 38827 of 2013), 2329-2331 of 2015 (Arising out of SLP(C) Nos. 21-23 of 2014), 2332-2336 of 2015 (Arising out of SLP(C) Nos. 1848-1852 of 2014), 2337-2362 of 2015 (Arising out of SLP(C) Nos. 4254-4279 of 2014), 2363 of 2015 (Arising out of SLP(C) No. 10035 of 2014), 2364-2367 of 2015 (Arising out of SLP(C) Nos. 11439-11442 of 2014), 2411 of 2015 (Arising out of SLP(C) No. 11443/2014) and 2412-2416 of 2015 (Arising out of SLP(C) Nos. 5577-5581 of 2015)
Decided On: 17.02.2015
Land Acquisition Act, 1984 - Section 4 - Urban Development Authority Act, 1977 – Condo nation of Delay - Acquisition of lands - Claim of compensation - These appeals are directed against judgment and order passed by High Court of Punjab and Haryana in a batch of Regular First Appeals whereby and where under High Court had disposed of all matters in light of its judgment and order in R.F.A. and connected matters - Lies in this batch pertains to acquisition of various lands situated principally in villages by Respondent-State under three different Notifications issued Under Section 4 of Land Acquisition Act, 1984 - Since impugned judgment and order in all matters have either followed or relied upon impugned judgment and order passed by High Court in R.F.A. before this Court for sake of convenient disposal of this case court would only notice facts - Held, In light of aforesaid view of this Court Reference Court has correctly ascertained premium to be paid at rate of per annum with cumulative effect from date of earlier acquisition to acquisition herein and determined fair market value of acquired lands - In court view High Court has incorrectly relied upon sale transactions which date much prior in time than date of notification and thus do not reflect true market value - In event of an award more proximate to date of acquisition was available it would have been proper for High Court to consider same as best evidence than post-dated sale transactions - Thus in court considered opinion judgment and order passed by High Court does not fairly and adequately assess compensation payable to claimants and requires to be set aside and consequently judgment and order passed by Reference Court requires to be restored - Order accordingly
Judgment
1. Delay, in filing the application(s) for substitution, if any, is condoned. Application(s) for substitution, if any, is/are allowed.
2. Delay, if any, in filing the special leave petitions is condoned.
3. Leave granted.
4. These appeals are directed against the judgment(s) and order(s) passed by the High Court of Punjab and Haryana in a batch of Regular First Appeals, whereby and whereunder, the High Court had disposed of all the matters in light of its judgment and order in R.F.A. No. 2695 of 2002 and connected matters dated 05.11.2012.
5. The lis in this batch pertains to acquisition of various lands situated principally in villages Fatehpur, Maheshpur, Kundli and Railley by the Respondent-State under three different Notifications issued Under Section 4 of the Land Acquisition Act, 1984 (for short, "the Act") in 29.01.1990, 21.12.1994 and 26.04.1995. Since the impugned judgment(s) and order(s) in all the matters have either followed or relied upon the impugned judgment and order passed by the High Court in R.F.A. No. 2695 of 2002 (S.L.P. (C) Nos. 26432-26443 of 2013 before this Court), for the sake of convenient disposal of this case, we would only notice the facts in S.L.P. (C) Nos. 26432-26443 of 2013.
6. Brief facts of the leas case are: The Respondent-State had issued a Notification Under Section 4 of the Act to acquire certain lands in the aforesaid villages for the public purpose of development and utilization of land of Panchkula by Haryana Urban Development Authority under the Haryana Urban Development Authority Act, 1977, dated 29.01.1990. After due consideration of the objections filed by the land-loosers Under Section 5-A of the Act, the acquiring authority had recommended issuance of a notification Under Section 6 of the Act to the State Government. Accordingly, the State Government had issued a Notification, declaring that the said land would be acquired for the notified public purpose, dated 25.01.1991.
7. The Land Acquisition Collector (for short, "the LAC"), by an award dated 11.10.1991, awarded the compensation at the rate of Rs. 1 lakh per acre in respect of the claimants land.
8. The claimants, not being satisfied with the compensation so awarded by the LAO, approached the latter and sought for a reference Under Section 18 of the Act to the Civil Court for determination of the actual market value of the land acquired by the State Government. The LAC had referred the case of the land-loosers to the Reference Court. The Reference Court determined the market value of the acquired lands at Rs. 160/- per square yard, by award dated 20.12.2001.
9. Dissatisfied by the aforesaid award, claimants and the Respondent-State filed Regular First Appeals before the High Court.
10. The High Court remanded the said appeals to the Reference Court for fresh adjudication of the market value of the acquired lands by order dated 08.11.2006.
11. Since all the matters were remanded to the Reference Court, it would be appropriate to notice the compensation awarded by the various awards passed by the Reference Court in respect to the lands acquired in the four villages with the common thread of reasoning. The awards dated 10.12.2008, 10.02.2009 and 16.02.2009 qua the properties acquired through notification, dated 29.01.1990, determined the compensation at the rate of Rs. 394/- per sq. yd., while the awards dated 16.04.2002 and 30.04.2005, qua the properties acquired through notification, dated 26.04.1995, determined the compensation at Rs. 350/- per sq. yd. and Rs. 256/- per sq. yd., respectively.
12. Aggrieved by the aforesaid, the claimants approached the High Court in Regular First Appeals for determination of compensation by way of enhancement over the compensation assessed by the Reference Court. Cross appeals were filed by the Respondent-State against the judgment(s) and order(s) passed by the Reference Court.
13. The High
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.