SUPREME COURT OF INDIA
UDAY UMESH LALIT, DHANANJAYA Y. CHANDRACHUD, JJ.
Haryana State Industrial and Infrastructure Development Corporation Limited – Appellant
Versus
Rameshwar Dass (Dead) and Others – Respondents
Miscellaneous Application Nos. 926-930 of 2019, Civil Appeal Nos. 363, 388, 413, 475, 485, 343-592 of 2019, I.A. No. 118262 of 2019, SLP (C) Nos. 22234-22241 of 2018
Decided On : 08-04-2021
Constitution of India,1950 - Article 142 - Land Acquisition Act - Sections 4, 18 and 54 - Acquisition of Land - Seeking Compensation - Acquisition initiated pursuant issued under Section 4 of Land Acquisition Act with regard to Phases II, III and IV respectively of Industrial Model Township corresponding awards were made by Sub-Divisional Officer ©-cum-Land Acquisition Collector - Matters concerning acquisition for Phases II and III of instant case, were considered by High Court in RFA landholders were held entitled to compensation at rate acre along with other statutory benefits - Decision of High Court - Land Acquisition Collector shall depute an officer not below rank of Tehsildar of area, who shall contact landowners and/or legal representatives and apprise them about their entitlement to receive compensation determined by Reference Court - Landowners and/or legal representatives to open bank accounts if they have already not done so - Exercise must be completed within one month from date of receipt of copy of this order - Tehsildar shall give list of landowners and/or their legal representatives along with their bank account numbers to Land Acquisition Collector within fifteen days – Held, Landholders including those from concerned villages. Consequently, everyone has received compensation at rate - Compensation finally awarded for villages other than concerned villages, being greater than figure per acre, no difficulty arises on that score with respect to lands from concerned villages, anomaly definitely stares in the face - Record now indicates have already been made over as compensation to landholders from the concerned villages at rate against their entitlement per acre as found acre over their entitlement - Compensation as aforesaid, was made over to the landholders from the concerned villages, without they being required to furnish any security at this length of time, will thus entail in recovery of money from landholders through revenue recovery proceedings and in recalculating and conferring the corresponding benefits upon allottees of acquired land - compensation at rate acre has been received by the landholders from concerned villages in the circumstances stated such landholders need not return the amounts over and above what has been found due to them - Applications are disposed of.
ORDER :
1. Miscellaneous Application Nos. 926-930 of 2019 and I.A. No. 118262 of 2019 are preferred by landholders from villages Bas Khusla, Bas Haria and Dhana (‘the concerned villages’, for short) seeking clarification with regard to the Judgment [dated 11.01.2019 as modified by Order dated 08.02.2019] passed by this Court in Civil Appeal Nos. 264-270 of 2019 and other connected matters [Wazir vs. State of Haryana, (2019) 13 SCC 101].
2. The facts leading to the aforesaid Judgment have been set out in sufficient detail in the Judgment and for the purposes of these applications, the relevant facts are:-
(b) While dealing with the References preferred under Section 18 of the Act, by orders dated 16.12.2009 and 27.01.2010 compensation in respect of lands covered under Phases II and III respectively was assessed at Rs. 28,15,356/- per acre and Rs. 28,15,849/- per acre respectively.
(c) By order dated 17.08.2010 passed in Haryana State Industrial Development Corporation vs. Pran Sukh and Others, (2010) 11 SCC 175 in relation to acquisition of some other lands from villages Manesar, Naharpur Kasan, Khoh and Kasan, this Court assessed the compensation at the rate of Rs. 20 lakhs per acre. In that case the notification under Section 4 of the Act was issued on 15.11.1994.
(d) Relying on the decision of this Court in Pran Sukh (supra) the Reference Court by order dated 30.11.2010 assessed the compensation at Rs. 37,40,230/- per acre in respect of land from Phase IV in the instant acquisition.
(e) The matters concerning acquisition for Phases II and III of the instant case, were considered by the High Court in RFA No. 2373 of 2010 (Madan Pal vs. State of Haryana) and the landholders were held entitled to the compensation at the rate of Rs. 37,40,000/- per acre along with other statutory benefits. This decision of the High Court was subject matter of challenge in this Court at the instance of HSIDC [Haryana State Industrial Development Corporation Ltd. Now Haryana State Industrial and Infrastructure Development Corporation Ltd.] and some landowners. While issuing notices by its order dated 10.08.2011, this Court directed:-
“The Haryana State Industrial Development Corporation shall, within four months from today, deposit the amount of compensation at the rate of Rs. 28,15,356/- per acre along with other statutory benefits in terms of judgment dated 27.1.2010 of Additional District Judge, Gurgaon.
With a view to obviate intervention of middle man in the matter of payment of compensation to the land owners we direct that:
1. The Land Acquisition Collector shall depute an officer not below the rank of Tehsildar of the area, who shall contact the landowners and/or legal representatives and apprise them about their entitlement to receive compensation determined by the Reference Court.
2. The concerned officials shall also ask the landowners and/or legal representatives to open bank accounts if they have already not done so. This exercise must be completed within one month from the date of receipt of copy of this order.
3. The concerned Tehsildar shall give the list of landowners and/or their legal representatives along with their bank account numbers to the Land Acquisition Collector within fifteen days.
4. Within next fifteen days, the Land Acquisition Collector shall deposit the amount of compensation in the accounts of the landowners and/or legal representatives. Fifty per cent of this amount be deposited in the form of Fixed Deposi
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