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SUPREME COURT OF INDIA
R.K. Agrawal, Abhay Manohar Sapre, JJ.
Bijender & Ors. – Appellants
Versus
State of Haryana & Anr. – Respondents
Civil Appeal No. 2846 of 2017 With Civil Appeal Nos. 2847-2848, 2849, 2850, 2851, 2852, 2853-2872, 2873-2877, 2878-2882, 2883-2887, 2888-2893, 2894, 2895, 2896, 2897, 2898, 2899, 2900-2904, 2905, 2906, 2907-2910, 2911, 2912, 2913-2914, 2915, 2916, 2917, 2918-2929, 2930, 2931-2932, 2933-2950, 2951, 2952-2954, 2955 of 2017 and Civil Appeal Nos. 17338-17354 of 2017 @ S.L.P.(c) Nos.29181-29197 of 2016
Decided On : 27-10-2017
(1997) 6 SCC 59; (2010) 15 SCC 412 – Relied upon
(b) Land Acquisition Act, 1894 – Section 23 – Market value of acquired land – Comparable sale, the features – Guidelines restated. (Para 44, 45, 46, 47, 49, 50)
(1991) 4 SCC 195; (2008) 2 SCC 568 – Relied upon
Land acquisition Act, 1894 – Section 23 – Large chunk of land belonging to different owners acquired – One side abutting main road – Land having some potential – Belting system applied, owners not objecting – No error in applying belting system. (Para 57, 58, 59)
(c) Land acquisition Act, 1894 – Section 23 – Comparable sale deeds – Highest rate of Rs. 4500/- per square yard – Not acceptable – Sale deed pertaining to small areas sold in yards against acquired land in acres – Out of 59, 31 sale deeds pertaining to plots less than 100 yards – Only two deeds recording rate of Rs.4500/- per yards all others ranging between Rs.200/- to Rs.2000/- per yards – Awarded rates modified. (Para 61, 62, 63)
Facts of the case:
These cases relate to assessment of compensation in land acquisition matters.
Finding of the Court:
Rates of market value need modification.
Result: Appeals partly allowed.
JUDGMENT
Abhay Manohar Sapre, J.
Leave granted in the special leave petitions.
2. These appeals are directed against the common final judgments and orders dated 22.12.2015, 22.03.2016 and 03.05.2016 passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. Nos.5300, 2807-2809, 2806, 4762, 4764, 4756, 3751, 3759, 3760, 3766, 3768, 3776, 3777, 3785, 3788, 3794, 3798, 3800, 3805, 4839, 4841, 4842, 4843, 4844, 7299, 8756, 4840, 4846, 4838, 3767, 4757, 4752, 4746, 4744, 7323, 1515, 4753, 5980, 4751, 4745, 4809, 2549, 2548, 5910, 4810, 4754, 5911, 5913, 5912, 6307, 6283, 5542, 5908, 4747, 4760, 4758, 4763, 4759, 6308, 6309, 4748, 4749, 4755, 6306, 5909, 3999/2014, 314 & 809/2015, 3600, 2779, 4750, 3762, 3767, 3791, 3792, 3795, 3797, 3801, 4837, 4838, 4840, 4845, 4846, 4771, 4766, 4767, 2778, 2808, 2940, 2941, 2942, 2943, 2945, 2946, 3085, 3120, 3121, 3997, 3998, 4000, 4001, 4003, 5226, 7214, 4264, 7253, 3988, 2547, 4263, 1516, 2771, 2772, 2773, 2774, 2775, 2777, 3687, 4307, 4416, 4417, 4418, 4419, 4421, 2776, 2778 & 4808/2014 whereby the High Court while disposing of the said appeals partly allowed the appeals and upheld the awards of the Land Acquisition Officer insofar as it relates to assessment of compensation @ Rs. 33,00,000/- per acre for the land up to the depth of 2 acres in Safidon-Jind Road, Safidon bye-pass and Gair Mumkin kind of land whereas it enhanced the compensation from Rs. 18,00,000/- per acre to Rs. 24,75,000/- per acre from for the land beyond 2 acres.
3. Facts of the case are taken from C.A. No.2846 of 2017 (Bijender & Ors. v. State of Haryana & Anr.) need mention, in detail, to appreciate the controversy involved in these appeals.
4. The land of the appellants measuring 18362 sq. yds. equivalent to 30 kanal 07 marla being 1122/37/15 share out of total acquired land measuring 100 kanal 11 marla from the total land measuring 185 kanal 15 marla of khewat No.1396 khata nos.1658 and 1659 revenue estate of Safidon, situated at a village Saifdon, District Jind, Haryana was acquired. The land was acquired for the development and utilization of commercial and residential for HUDA Sectors 7, 8 and 9 in Safidon City in Distt. Jind vide three Notifications. Along with the land of the appellants, the State also acquired land belonging to several landowners alike the appellants.
5. Notification bearing No.LAC(H)-2007-NTLA/376 on 23.08.2007 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "the Act") was issued for the acquisition of 142 acres of land in village Singhpura, for public purpose, namely, for the development of residential, commercial Sector 7, Safidon.
6. Notification bearing No.LAC(H)-2007-NTLA/379 on 23.08.2007 under Section 4 of the Act was issued for the acquisition of 249.49 acres land in villages Safidon, Singhpura, Rampura, Ratta Khera and Khera Khemawati for public purpose, namely, for the development of residential, commercial sector 8 at Safidon.
7. Notification bearing No.LAC(H)-2007-NTLA/382 on 23.08.2007 under Section 4 of the Act was issued for the acquisition of 167.79 acres of land in village Safidon, Khera Khemawati for the public purpose, namely, for the development of residential and commercial sector 9 at Safidon.
8. The said notifications were published in the newspapers. The objections to the said notifications were also invited. However, the objections filed by the landowners were rejected by Collector finding no merit therein under Section 5A of the Act.
9. This was followed by 3 declarations made and published under Section 6 of the Act on 21.08.2008 bearing No. LAC(H)-2008-NTLA/423 in respect of the land measuring 74.10 acres of land in village Singhpura, LAC(H)-2008-NTLA/426 in respect of the land measuring 199.57 acres of land in village Safidon, Singhpura, Rampura, Ratta Khera and Khera Khemawati and LAC(H)-2008-NTLA/429 in respect of the land m
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