SURYA KANT, K. V. VISWANATHAN
Horrmal (Deceased) through his LRs. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SURYA KANT, J.
1. Delay condoned.
Leave granted.
2. These appeals are preferred by the expropriated landowners (hereinafter ‘Appellants’) impugning the judgement dated 23.08.2022 passed by the Punjab and Haryana High Court at Chandigarh (hereinafter ‘High Court’), whereby their appeals seeking further enhancement in compensation for their acquired lands, have been dismissed. As a necessary corollary, the High Court has allowed the cross appeals filed by the Respondent State, challenging the enhancement in compensation made by the Reference Court. Consequently, the Awards passed by the Reference Court have been set aside and the compensation as was granted by the Land Acquisition Collector (hereinafter ‘LAC’) has been restored.
A. FACTS
3. The instant dispute regarding the grant of just and fair compensation originated with the issuance of a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter ‘1894 Act’) on 11.02.2011, for the acquisition of approximately 302.75 acres of land by the Respondent State. This land, including the Appellants’ lands, is situated in the revenue estate of Tauru village in Mewat District. The acquisition process was initiated for
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(1) Acquisition of land – Quantum of compensation – Process of assessing or affixing compensation is not tethered to precision but is rather aimed at a nuanced estimation of pertinent factors.(2) Acq....
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
(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 transacti....
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
The court established that compensation for acquired land must reflect market value based on bona fide transactions and proximity to acquisition date, requiring adjustments for development purposes.
Acquisition of land – Quantum of compensation – When there are several exemplars with reference to similar land, usually highest of exemplars which is a bona-fide transaction, will be considered.
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
The potentiality of acquired land and comparable sale instances are crucial for determining fair compensation under the Land Acquisition Act.
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