IMPORTANT POINT
Acquisition of land – Quantum of compensation must be based on current market value of land.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 18.10.2019 passed by the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal (RFA) No. 1100/2013 and other allied first appeals, by which, the High Court has allowed the said first appeals in part preferred by the original land owners and has enhanced the amount of compensation for the lands acquired at Rs. 2,98,54,720/­ per acre with all other statutory benefits, the State of Haryana has preferred the present appeals.

2. The facts leading to the present appeals in a nutshell are as under: ­

2.1 That approximately 58 acres of large chunk of lands situated at village Kherki, Majra came to be acquired for the public purpose under the provisions of the Land Acquisition Act, 1894. The land acquisition officer declared the awards. At the instance of the original land owners, references under Section 18 of the Act, 1894 were made. The reference court enhanced the compensation for notification dated 13.01.2010 to Rs. 1,56,24,000/­ per acre from Rs. 60 lakhs per acre as awarded by the land acquisition officer. The appeals preferred by the State against the judgment and award passed by the reference court determining the compensation at Rs. 1,56,24,000/­ came to be dismissed. However, by the impugned judgment and order taking into consideration the amount of compensation enhanced by the High Court which came to be modified by this Court to Rs. 2,38,00,000/­ per acre with respect to the lands acquired in the month of January, 2008 and granting 12% cumulative increase, the High Court has partly allowed the appeals preferred by the land owners and determined and awarded the compensation at Rs. 2,98,54,720/­ per acre.

2.2 Dissatisfied with the impugned judgment and order passed by the High Court determining and awarding the compensation for the lands acquired vide notification dated 13.01.2010 at Rs. 2,98,54,720/­ per acre, the State of Haryana has preferred the present appeals.

3. We have heard Shri Nikhil Goel, learned AAG, appearing on behalf of the State of Haryana and learned counsel appearing on behalf of the respective original land owners.

4. Shri Nikhil Goel, learned AAG, appearing on behalf of the State has vehemently submitted that while determining the compensation at Rs. 2,98,54,720/­ per acre for the lands acquired vide notification dated 13.01.2010, the High Court has materially erred in taking into consideration and/or relying upon the judgment of this Court passed in Civil Appeal Nos. 11814­11864 of 2017 [State of Haryana Vs. Ram Chander (2017 SCC OnLine SC 1869)] with respect to the lands acquired vide notification issued in the month of January, 2008.

4.1 It is submitted that in the judgment and order passed by this Court in Civil Appeal Nos. 11814­11864 of 2017, this Court has specifically observed and held that the determination of compensation vide the said judgment at Rs. 2,38,00,000/­ per acre shall not be treated as a precedent in any other case. It is submitted that therefore, while passing the impugned judgment and order the High Court has materially erred in taking into consideration the amount awarded by this Court vide judgment and order passed in Civil Appeal Nos. 11814­11864 of 2017 at Rs. 2,38,00,000/-.

4.2 It is further submitted by Shri Nikhil Goel, learned AAG, appearing on behalf of the State that in the present case the prices of the land were decreasing which was taken note of by this Court.

4.3 It is further submitted that even otherwise considering the fact that with respect to the very village, lands came to be acquired from 2008 onwards and therefore, the prices of the lands were artificially increased. It is submitted that therefore, the High Court has materially erred in giving 12% rise on Rs. 2,38,00,000/­ per acre which has been awarded for notification dated 25.01.2008.

4.4 Making the above submissions and relying upon the above decision, it is prayed to allow the present a