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SURYA KANT, UJJAL BHUYAN
Krishan Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SURYA KANT, J.
Leave granted.
2. The instant batch of cross-appeals have been preferred by the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) and various landowners, challenging the quantum of compensation awarded by the High Court of Punjab and Haryana at Chandigarh (High Court) for the land situated in the villages of Fazalwas and Kukrola, Tehsil Manesar, District Gurgaon, State of Haryana.
3. The High Court has conclusively determined the quantum of compensation through various identical impugned orders. However, for the purposes of lucidity, we have sought to refer to HSIIDC v. Pinky Yadav and others, RFA-4959-2015 (O&M) and other connected cases. and Kanwar Sain Jain and another v. State of Haryana and others, RFA-4437-2014 (O&M) and other connected cases. which may be considered as the ‘lead judgments’ for the villages of Kukrola and Fazalwas, respectively.
4. The aforementioned decisions have enhanced compensation for the acquired lands in both villages, specifically for the lands abutting National Highway-8 (Delhi-Jaipur Road) (NH-8), up to the depth of 5 acres to INR 87,24,885 per acre for Kukrola and INR 1,21,00,000 per acre for Fazalwa
Adjacent lands must be compensated equitably unless clear distinctions justify differing rates, emphasizing fairness in land acquisition compensation.
(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....
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 – Quantum of compensation must be uniform for lands acquired for same public purpose.
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 – Where there exists no direct piece of evidence to determine fair and just compensation, Court will resort to settled principle of Guesstimation.(2) Acquisition of land – Det....
The determination of fair market value for compensation in land acquisition cases should consider the actual market value of the acquired land, irrespective of the purpose of acquisition or future us....
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