Harpal Singh vs State of Punjab - 2022 Supreme(SC) 965

Headnote:

Land Acquisition Act, 1894 – Section 18 – Acquisition of land – Quantum of compensation – While determining amount of compensation @ Rs. 19,85,700/- per acre in respective first appeals, High Court has relied upon its earlier decisions – Landowners in present appeals are also similarly situated – Present appeals are also required to be disposed of in terms of the decision of this Court in cases of Surjit Singh Vs. State of Punjab & Another (RFA No. 3004/2006 decided on 2.3.2009 and Kapoor Singh Vs. The State of Punjab & Another (RFA No. 2348/1998 decided on 28.01.2010), by enhancing amount of compensation by a further sum of Rs.2,00,000/- per acre and Rs. 1,00,000/- per acre respectively – However, there is substantial delay in preferring first appeals – It is appropriate to deny statutory benefits including interest on enhanced amount of compensation – Original landowners shall be entitled to Solatium as prescribed under Statute on enhanced amount of compensation. (Paras 3, 5 and 6)

Facts of the case:

Feeling aggrieved and dissatisfied with the impugned common judgment(s) and order(s) dated 01.05.2012 / 02.03.2009 / 09.11.2009 passed in the respective first appeals, determining the compensation @ Rs. 19,85,700/- per acre in respective first appeals, except RFA No. 1614 of 2000, original claimants/landowners have preferred the present appeals.

Findings of Court:

Enhanced amount of compensation shall be deposited by the Greater Mohali Area Development Authority within three months from today before Reference Court.

Result : Appeals disposed of with directions.

Legal Category Hierarchy

1. Land acquisition compensation — appeals against High Court orders determining compensation based on precedent cases. (Para 2 , 3 )

2. Claimants seek enhancement of land acquisition compensation based on parity with other similarly situated landowners. (Para 2 )

3. Landowners are similarly situated to parties in precedent cases where the Supreme Court had already enhanced the compensation amounts. (Para 4 , 5 )

4. Similarly situated landowners are entitled to parity in compensation enhancement, though statutory benefits may be denied for periods of substantial delay in filing appeals. (Para 5 )

5. Compensation enhanced for landowners with solatium granted, but statutory benefits and interest denied for the period of delay in filing appeals. (Para 6 )

6. When are landowners entitled to enhanced compensation based on parity?

Landowners are entitled to enhanced compensation when they are similarly situated to parties in precedent cases upon which the High Court relied, and the Supreme Court subsequently enhanced the compensation in those precedent cases. (Para 5 )

7. How does a delay in filing appeals affect the grant of interest on enhanced compensation?

A substantial delay in preferring appeals can lead to the denial of statutory benefits, including interest on the enhanced compensation, for the period from the date of the High Court's judgment until the appeals are filed in the Supreme Court. (Para 5 , 6 )

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and facts arise in these group of appeals, all these appeals are being decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common judgment(s) and order(s) dated 01.05.2012/02.03.2009/09.11.2009 passed in the respective first appeals, the particulars of which are as under:-

Sl. No.	Particulars	RFA No.	Date of Order	Section 4 Notification date
1.	Harpal Singh and Anr. Vs. State of Punjab	3941/2007	01.05.2012	21.11.2002
2.	Parkash Singh (Dead) Thr. LRs. Vs. State of Punjab	3942/2007	01.05.2012	21.11.2002
3.	Ajaib Singh and Ors. Vs. State of Punjab	3943/2007	01.05.2012	21.11.2002
4.	Gian Singh and Ors. Vs. State of Punjab and Anr.	3944/2007	01.05.2012	21.11.2002
5.	Amirk Singh and Ors. Vs. State of Punjab	3945/2007	01.05.2012	21.11.2002
6.	Parkash Singh (Dead) Thr. LRs. and Ors. Vs. State of Punjab	3946/2007	01.05.2012	21.11.2002
7.	Bakhtaur Singh (Dead) Thr. LRs. Vs. State of Punjab and Ors.	3947/2007	01.05.2012	21.11.2002
8.	Bachan Singh (Dead) Thr. LRs. Vs. State of Punjab	3948/2007	01.05.2012	21.11.2002
9.	Labh Singh (Dead) Thr. LRs. and Anr. Vs. State of Punjab	3949/2007	01.05.2012	21.11.2002
10.	Ajmer Singh and Anr. Vs. State of Punjab	3952/2007	01.05.2012	21.11.2002
11.	Sajjan Singh Vs. State of Punjab	3953/2007	01.05.2012	21.11.2002
12.	Tarlochan Singh and Ors. Vs. State of Punjab and Ors.	4485/2007	01.05.2012	21.11.2002
13.	Gurdev Singh and Ors. Vs. State of Punjab and Anr.	1448/2008	01.05.2012	21.11.2002
14.	Amar Singh and Ors. Vs. State of Punjab	2871/2008	01.05.2012	21.11.2002
15.	Gurdip Singh and Ors. Vs. State of Punjab	3974/2008	01.05.2012	21.11.2002
16.	Mehar Singh and Anr. Vs. State of Punjab	784/2007	02.03.2009	21.02.2000
17.	Mewa Singh (Dead) and Ors. Vs. State of Punjab	783/2007	02.03.2009	21.02.2000
18.	Jagir Singh (dead) and Ors. Vs. State of Punjab	2715/2007	02.03.2009	21.02.2000
19.	Norata Singh (Dead) and Ors. Vs. State of Punjab	4319/2006	02.03.2009	21.02.2000
20.	Hardial Singh (Dead) and Ors. Vs. State of Punjab and Anr.	4300/2006	09.11.2009	21.02.2000
21.	Jagir Singh (Dead) and Ors. Vs. State of Punjab and Anr.	1614/2000	28.01.2010	21.02.2000
22.	Nasib Singh and Anr. Vs. State of Punjab and Ors.	3112/2005	02.03.2009	21.02.2000
23.	Sher Singh (Dead) Thr. LRs. and Anr. Vs. State of Punjab	4318/2006	02.03.2009	21.02.2000
24.	Manjit Kaur Vs. State of Punjab and Anr.	4088/2007	02.03.2009	21.02.2000
25.	Karnail Singh and Ors. Vs. State of Punjab and Anr.	1468/2008	09.11.2009	21.02.2000

determining the compensation @ Rs. 19,85,700/- per acre in respective first appeals, except RFA No. 1614 of 2000, the original claimants/landowners have preferred the present appeals.

2.1 In RFA No.1614 of 2000, the High Court has awarded the compensation @ Rs. 7,80,000/- per acre.

3. At the outset, it is required to be noted that while determining the amount of compensation @ Rs. 19,85,700/-per acre in the respective first appeals, the High Court has relied upon its earlier decision in the case of Surjit Singh Vs. State of Punjab & Another (RFA No. 3004/2006 decided on 2.3.2009). So far as Civil Appeal arising out of RFA No. 1614 of 2000 is concerned, the High Court has determined the amount of compensation @ Rs. 7,80,000/-per acre alongwith solatium relying upon its earlier decision in the case of Kapoor Singh Vs. The State of Punjab & Another (RFA No. 2348/1998 decided on 28.01.2010).

4. It is not in dispute that the aforesaid decisions of the High Court in the cases of Surjit Singh (supra) & Kapoor Singh (supra) were the subject matter of appeals before this Court. In the case of Kapoor Singh (supra) and other allied first appeals,

Click Here to Read the rest of this document