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SUPREME COURT OF INDIA
M.R. Shah, Krishna Murari, JJ
Harpal Singh and Anr. Etc. Etc. – Appellant
Versus
State of Punjab Etc. Etc. – Respondent
Civil Appeal Nos. 6744-6758 of 2022
with
Nasib Singh and Anr. Etc. Etc. – Appellant
Versus
State of Punjab & Ors. Etc. Etc. – Respondent
Civil Appeal Nos. 6740-6743 of 2022
with
Mehar Singh and Anr. Etc. Etc. – Appellant
Versus
State of Punjab Etc. Etc. – Respondent
Civil Appeal Nos. 6734-6739 of 2022
Decided On : 23-09-2022
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.
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
Acquisition of land – Quantum of compensation can be determined by Court by relying upon its earlier decisions.
The Court's decision was influenced by its earlier judgments in similar cases and the principle of denying interest due to substantial delay in filing the appeals.
Acquisition of land – Compensation determined for lands acquired subsequently cannot be said to be comparable at.
Acquisition of land – Quantum of compensation must be uniform for lands acquired for same public purpose.
Acquisition of land – Compensation determined on the basis of Notification 5 years later, cannot be a yardstick for determining compensation for land which is acquired five years before.
Acquisition of land – Quantum of compensation must be based on current market value of land.
Acquisition of land – Parity has be maintained while fixing quantum of compensation.
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