2023 Supreme(SC) 124

SUPREME COURT OF INDIA
A.S. BOPANNA, HIMA KOHLI, JJ.
Ravinder Kumar Goel - Appellant
Versus
The State of Haryana & Ors. - Respondents
Civil Appeal No.1173 of 2023 (Arising out of SLP (Civil) No.3585 of 2022) With C.A. No.1176 of 2023 @ of SLP (C) No.4837 of 2022), C.A. No.1178 of 2023 @ of SLP (C) No.7772 of 2022), C.A. No.1177 of 2023 @ of SLP (C) No.7455 of 2022), C.A. Nos.1182-1210 of 2023 @ of SLP(C) Nos.3446-3474 of 2023 @ D.No.11863 of 2022), C.A. Nos.1179-1181 of 2023 @ of SLP (C) Nos.10577-79 of 2022), C.A. Nos.1174-1175 of 2023 @ of SLP (C) Nos.9898-99 of 2022), C.A. Nos.1217-1220 of 2023 @ of SLP (C) Nos.622-625 of 2023), C.A. Nos.1211-1216 OF 2023 @ of SLP (C) Nos.3434-3439 of 2023 @ D.No.14744 of 2022), C.A. Nos.1221-1222 of 2023 @ of SLP(C) Nos.2450-2451 of 2023)
Decided On : 15-02-2023

IMPORTANT POINTS
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transactions – However, sale instances of smaller extents cannot be ignored.
(2) Acquisition of land – Court cannot create two sets of land losers who are otherwise similarly placed, in respect of same acquisition process after having determined market value at a particular rate which is applicable to all of them – If any excess amount has been received by any of land losers than extent of compensation determined, excess amount is recoverable.

Headnote:

(A) Land Acquisition Act, 1894 – Section 4 read with Section 17 (2) – Acquisition of land – Quantum of compensation – Price agreed between a willing seller and a willing purchaser would be price which is generally prevailing in market in respect of lands having similar advantages which can be basis to determine market value of acquired lands if such sale instances are brought on record – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transactions – However, sale instances of smaller extents cannot be ignored – Sale exemplars for smaller extent can be relied upon subject to appropriate deduction being provided towards development charges – When large extent of agricultural land is sold under a document and if land is to be used for agricultural purpose, price agreed thereto would be based on nature of land and purpose for which it is put to use – In cases, where large extent of agricultural land belonging to a single owner is acquired, it would be safe to rely on such sale exemplars of large extents, more particularly, in circumstances where land which is classified as agricultural land is also used for agricultural purposes – In such circumstances, to arrive at market value depending on nature of cultivation, capitalisation method by applying multiplier to crop pattern and price derived can be adopted and market value be determined or determine market value based on such sale deeds which are comparable exemplars. (Paras 13 and 15)

(B) Land Acquisition Act, 1894 – Section 4 read with Section 17 (2) – Acquisition of land – Quantum of compensation – In appropriate cases depending on location and extent of land held by each of land losers who is a part of same acquisition, is required to be kept in view, while applying yardstick to reckon appropriate exemplar and arrive at ultimate conclusion – There can be no straitjacket formula that when sale deeds for sale of large extent are available and large extent of lands are acquired that alone should be reckoned as exemplar – What is material is its comparability which would depend on case to case basis – In instant facts, land acquired is for construction of a new Expressway which would require not just laying of roads but also providing several amenities through highway and also creation of service roads, flyovers, underpass to townships across such highway – Land is also to be left as a divider to bifurcate two-way roads – It would not be justified in saying that no development cost at all would be incurred – Market value to be determined in present case would be Rs.25,20,000/- per acre, which shall be payable with all statutory benefits – Court cannot create two sets of land losers who are otherwise similarly placed, in respect of same acquisition process after having determined market value at a particular rate which is applicable to all of them – If any excess amount has been received by any of land losers than extent of compensation determined, excess amount is recoverable. (Paras 18, 21, 22 and 23)

Facts of the case:

Appellants are land losers who have been divested from their land either fully or in part to construct an Express Highway over such land for the benefit of others to travel fast but process to compensate them with a just and fair quantum of money instead of being on the fast track, has been tardy. It is a couple of years short of two decades from the date of the preliminary notification and appellants are still litigating to receive what is rightfully due to them.

Findings of Court:

Judgment dated 07.10.2021 passed by High Court of Punjab and Haryana at Chandigarh in RFA No.421/2021, RFA No.848/2021 and connected appeals, impugned herein, is set aside. The judgment dated 10.01.2020 passed by Additional District Judge, Gurugram (Reference Court) in LAC Case No. 1426 and connected references is restored and modified. In modification, it is ordered that the market value of the acquired land is Rs.25,20,000/- per acre. Same shall be payable with statutory benefits and the costs incurred throughout by appellants.

Result : Appeals allowed in part.