SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(SC) 949

SUPREME COURT OF INDIA
Altamas Kabir and J. Chelameswar, JJ.
Ajay Pal - Petitioner
Versus
State of Haryana - Respondent
Civil Appeal No. 610 of 2012 (Arising out of SLP (C) No. 4869 of 2007) and C.A. Nos. 617-619 of 2012 (Arising out of SLP (C) Nos. 19167-19169 of 2011), C.A. No. 620 of 2012 (Arising out of SLP (C) No. 5316 of 2007), C.A. No. 616 of 2012 (Arising out of SLP (C) No. 33755 of 2010)
Decided On : 17.01.2012.

Advocate Appeared:
For the Petitioner:Prem Malhotra, Advocate.
For the Respondent:Manjit Singh, AAG, Kamal Mohan Gupta, Advocates.

Headnote:

Land Acquisition Act, 1894 - Section 4 – Acquisition of land – Compensation – Delay/Laches/Limitation - There is a delay of 4464 days in filing of special leave petition, which we condone in facts of case, since rate of compensation in acquisition proceedings was challenged by majority of land holders, including Petitioners herein, who after moving l Single Judge of High Court, to file Letters Patent Appeals against orders of learned Single Judge - Subsequently, Full Bench of High Court held that such Letters Patent Appeals were not maintainable and, accordingly, appeals, which had been filed by Petitioners, were dismissed on ground of maintainability - Other claimants, however, moved this Court and subsequently, rate of compensation was raised to Rs. 200/- per square yard - Held, This appeal is directed against judgment and order, passed by Punjab & Haryana High Court, in Regular First Appeal determining value of acquired lands of Petitioner at rate of Rs. 30/- per square yard - Learned Counsel appearing for Appellant has pointed out that in C.A., which was heard along with several other civil appeals, arising out of Notification issued under Section 4 of Act, 1894, which is common Notification - Set aside order passed by Division Bench of High Court and direct that Appellant will also be entitled to compensation at rate of Rs. 45/- per square yard, in respect of his lands, which had been acquired, together with all such statutory benefits, as available to him - Appeal is disposed of.

JUDGMENT :

1. We have heard Mr. Nidesh Gupta, learned senior Counsel for the Petitioners in S.L.P. (C) No. 4869 of 2007. There is a delay of 4464 days in filing of the special leave petition, which we condone in the facts of the case, since the rate of compensation in the acquisition proceedings was challenged by the majority of the land holders, including the Petitioners herein, who after moving the learned Single Judge of the High Court, went on to file Letters Patent Appeals against the orders of the learned Single Judge. Subsequently, the Full Bench of the High Court held that such Letters Patent Appeals were not maintainable and, accordingly, the appeals, which had been filed by the Petitioners herein, were dismissed on the ground of maintainability. Other claimants, however, moved this Court and subsequently, the rate of compensation was raised to Rs. 200/- per square yard. The Petitioners also stand more or less on the same fooling, but are in a disadvantageous position because their Letters Patent Appeals were dismissed. It is for such reason that we condone the delay of 4464 days in filing of the special leave petition in this case.

2. Leave granted.

3. It has been submitted by Mr. Nidesh Gupta, learned senior Counsel appearing for the Appellants, that before the Full Bench of the High Court came to hold that Letters Patent Appeals were not maintainable, the Division Bench of the Punjab and Haryana High Court had, in L.P.A. No. 920 of 1994, filed by one Horam, son of Budha, held that the Appellants were entitled to compensation at the rate of Rs. 200/- per square yard for the acquired land. The said order had been challenged by the State before this Court in S.L.P. (C) No. .... CC 34672 of 2006, and was dismissed on 4th July, 2006. Following the said dismissal in many of the matters, which were subsequently taken up in first appeal by the High Court, the said compensation of Rs. 200/- per square yard was duly maintained.

4. Having regard to the above, we allow the appeal filed by Ajay Pal and Ors. and direct that they too should be given compensation at the rate of Rs. 200/- per square yard, in respect of their lands, which had been acquired pursuant to the Notification dated 22nd August, 1988, along with other statutory benefits.

5. As indicated hereinbefore, this order will also govern S.L.P. (C) No. 5316 of 2007, as well as S.L.P. (C) No. 19167-19169 of 2011, wherein leave has also been granted.

C.A. No. 616 of 2012.

6. Leave granted.

7. This appeal is directed against the judgment and order dated 20th August, 2004, passed by the Punjab & Haryana High Court, in Regular First Appeal No. 187 of 1990, determining the value of the acquired lands of the Petitioner at the rate of Rs. 30/- per square yard. Learned Counsel appearing for the Appellant has pointed out that in C.A. No. 1386 of 2007, which was heard along with several other civil appeals, arising out of the Notification dated 20th April, 1982, issued under Section 4 of the Land Acquisition Act, 1894, which is the common Notification, as far as the present appeal is concerned, this Court enhanced the compensation to Rs. 45/- per square yard. Consequently, the Appellant's case is also covered by the said decision. Accordingly, we allow the appeal, set aside the order passed by the Division Bench of the High Court and direct that the Appellant will also be entitled to compensation at the rate of Rs. 45/- per square yard, in respect of his lands, which had been acquired, together with all such statutory benefits, as available to him. The appeal is disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top