SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 565

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
RFA No. 3110 of 2011 (O&M)
Bhoop Singh
v.
State of Haryana & Ors.
{Decided on 15/09/2014}

Advocates:
For the Appellant(s):Mr. Sanjay Mittal, Advocate.
For the Respondent:Mr. D. D. Gupta, Addl. Advocate General, Haryana.

Headnote:(A) Land Acquisition Act, 1894, S.18--Enhancement of Compensation--Appeal filed by landowners after 13 years--Not maintainable--Held; that increase, if any, is to be granted for the time gap in two acquisitions, the same should normally be not for a period of more than 5 years. (Para 13)

       (B) Civil Procedure Code, 1908, O.41 R.33--Award--Setting aside of--Held; State had permitted the award of the court below to become final not by default but by conscious act, hence, it cannot be permitted to plead that in the absence of any appeal or cross objections, it be granted relief against the landowners--Land Acquisition Act, 1894, S.18. (Para 21)

       The State acquired the land compulsorily--On objections raised by the landowners, the learned Reference Court, considering the material placed on record by the parties, assessed the compensation--There is complete procedure in the State to finally decide the cases in which appeals are to be filed and the cases which are not found fit for filing appeals--When no appeals have been filed by the State in the cases in hand, it means that the authorities at the relevant time found the cases to be fit for not filing appeals--The compensation, as assessed by the learned Reference Court, according to it, was found to be justified in terms of the evidence available on record--It is not a case where the principles, as have been laid down in various judgments, would be applicable as rights between number of parties are not to be readjusted in case the appeals filed by the landowners are allowed--In case the relief claimed in the appeals is simpliciter for enhancement of compensation, acceptance of appeals filed by the landowners will not result in making inconsistent, contradictory unworkable orders which needs to be readjusted by granting relief to the State. (Para 21)

       (C) Civil Procedure Code, 1908, O.41 R.33--Power of Appellate Court--Held; that exercise of power under Order 41 Rule 33 CPC is subject to three limitations, namely, firstly, this power cannot be exercised to the prejudice of a person who is not a party before the court; secondly, this power cannot be exercised in favour of a claim which has been given up or lost; and thirdly, the power cannot be exercised when such part of the decree which has been permitted to become final by a party is reversed to the advantage of that party. (Para 19)

       (D) Land Acquisition Act, 1894, S.18--Compensation--Severance of land--On account of acquisition and construction of a minor/drain/distributory, it becomes difficult to cultivate the other portion of the land and to cross over to the other side--The level of a drain/minor is always above the level of the land, which makes it difficult to irrigate or use the divided portions of the land to its optimum and also to approach the other portion of the land--Land owner entitled to damages @ 20% of value of acquired land. (Para 22)

JUDGMENT

Mr. Rajesh Bindal J.: - This order will dispose of a bunch of appeals bearing RFA Nos. 3110 to 3119, 5430 and 6896 of 2011, as common questions of law and facts are involved.

2. The landowners are in appeal seeking further enhancement of compensation for the acquired land awarded by the learned court below.

3. Briefly, the facts of the case are that vide notification dated 21.8.2003, issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), State of Haryana sought to acquire 5.25 acres of land, situated in the revenue estate of Tehsil and District Rewari, HB No.125 for development and utilisation thereof as Extrent Sewerage of Urban Estate Rewari. The same was followed by notification dated 22.8.2003 issued under Section 6 of the Act. The Land Acquisition Collector (for short, ‘the Collector’), vide award dated 18.8.2005, assessed the market value of the land @ Rs.12,50,000/- per acre. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, determined the fair value of the acquired land @ Rs.1,650/- per square yard. It is this award which has been impugned in the present appeals by the landowners.

4. Learned counsel for the landowners submitted that the acquired land is situated in municipal limits from the year 1995. It is situated near Sector 4, opposite HUDA bye-pass on Rewari-Delhi road and near Rewari city. Many colonies have been developed near the acquired land. It is surrounded by marriage palaces. Learned counsel further submitted that though for the purpose of assessment of compensation for the acquired land, the learned court below has placed reliance upon a judgment of this court in RFA No. 3353 of 2001—Bhawani Sahai and another v. State of Haryana and others, decided on 5.5.2008 pertaining to acquisition of land abutting the circular road of Rewari town for residential and commercial purposes, where notification under Section 4 of the Act was issued on 15.2.1990, but still while granting increase for the time gap in two acquisitions, neither the period has been correctly taken nor the amount of compensation as has been assessed by this court. The amount has been calculated by taking the compensation as was assessed by the Reference Court. The compensation assessed by the Reference Court in the aforesaid case was Rs.712/- per square yard, which was increased to Rs.990/- per square yard by this Court. Though appeal against the aforesaid judgment of this Court is pending before Hon’ble the Supreme Court, however, there is no interim stay and the amount of enhanced compensation has already been paid to the landowners therein.

5. Learned counsel further submitted that even the calculation made while assessing the compensation by taking the basic value as Rs.712/- per square yard has also been made wrongly. Even as per the basic rate and the formula applied, the compensation would come out to Rs.1,822/- per square yard and not Rs.1,650/- per square yard granted by the court below. If the basic price is taken as Rs.990/- per square yard and increase for the time gap is granted, the same would come out to Rs.2,534/- per square yard. It was further submitted that the basis and the principle on which the compensation has been assessed by the court below was accepted by the State as such, as no appeal was filed by it and hence, the aforesaid errors are required to be corrected.

6. Another submission made by learned counsel for the landowners is that though the land was acquired for the purpose of Extrent Sewerage of Urban Estate Rewari, as a consequence of which the land owned by some of the landowners has been divided into two parts and despite the fact that the court below appreciated the aforesaid fact, but still did not grant damages on account of severance of land. The prayer is for grant of damages on account of severance to the extent of 50% of the val

































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top