IMPORTANT POINT
Acquisition of land – Quantum of compensation must be uniform for lands acquired for same public purpose.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 05.07.2019 passed by the High Court of Punjab and Haryana at Chandigarh in the respective first appeals, by which for the land acquired vide notification dated 30.06.2005 for villages Badh Malik, Pritampura and Rasoi, the High Court has enhanced the compensation to Rs. 29,54,000/- per acre and for the land acquired vide notification dated 05.03.2007 for the aforesaid villages, the High Court has assessed and awarded the compensation @ Rs. 45,00,000/- per acre, the Haryana State Industrial and Infrastructure Development Corporation Limited (for short ‘HSIIDC’) has preferred the present appeals.

2. A large chunk of land situated at villages Badh Malik, Jatheri, Pritampura, Akbarpur Barota, Rasoi etc. in District Sonipat, Haryana came to be acquired for the purpose of construction of the Express Highway known as “Kundli - Manesar - Palwal Highway (for short ‘KMP’) connecting National Highway No. 1 in District Sonipat, Haryana, by different notifications. In the present appeals, we are concerned with the land acquired vide notifications dated 30.06.2005 and 5.3.2007 of villages Badh Malik, Pritampura and Rasoi. The lands were acquired for the expansion of industrial sector 39 also.

2.1 The Land Acquisition Officer determined and awarded compensation @ Rs. 16,00,000/- per acre. The Reference Court enhanced the compensation to Rs. 19,00,000/- per acre for villages Badh Malik and Rasoi with respect to the land acquired vide notification dated 30.06.2005. The Reference Court did not enhance the amount of compensation so far as village Pritampura is concerned.

With respect to the land acquired vide notification dated 5.3.2007, the Reference Court did not enhance the amount of compensation in respect of villages Badh Malik and Pritampura, however, enhanced the amount of compensation to Rs. 23,00,000/- per acre for village Rasoi.

2.2 In the first round of litigation before the High Court, the High Court enhanced the amount of compensation to Rs. 40,00,000/- per acre up to depth of 4 acres and Rs. 30,40,000/- per acre beyond that with respect to the land acquired vide notification dated 30.06.2005.

Similarly, in the first round of litigation before the High Court, the High Court enhanced the amount of compensation to Rs. 50,00,000/- per acre up to depth of 4 acres and Rs. 38,00,000/- per acre beyond that with respect to the land acquired vide notification dated 5.3.2007. The judgments and orders passed by the High Court were the subject matter of Civil Appeals before this Court being Civil Appeal No. 12847/2017 and Civil Appeal No. 20050/2017 along with other allied appeals. By judgments and orders dated 6.9.2017 and 28.11.2017, this Court disposed of the appeals and set aside the orders passed by the High Court and remitted the matters to the High Court for a fresh decision. This Court did not approve adoption of belting system by the High Court by observing that being an acquisition for an Express Way passing through different parcel of land, there is no need or justification for adopting the belting system. This Court also observed that if the land value is to be fixed for KMP project acquisition, the relevant factors which are to be noted are mainly the value that was prevalent in the locality prior to 13.08.2004.

2.3 That thereafter on remand, in the second round of litigation before the High Court, by the impugned common judgment and order, the High Court has assessed and determined and awarded compensation @ Rs. 29,54,000/- per acre with respect to the land acquired vide notification dated 30.06.2005 and has enhanced the amount of compensation to Rs. 45,00,000/- per acre with respect to the land acquired vide notification dated 5.3.2007.

2.4 Being aggrieved and dissatisfied with the impugned common judgment and order passed b