IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Hardev Kaur – Petitioner
Versus
Union of India & Ors. – Respondents
CWP-24548 of 2015 (O & M)
Decided On : 17-08-2023
| Table of Content |
|---|
| 1. important legal observations and procedural background. (Para 1) |
| 2. case facts outlining the review of previous orders. (Para 2 , 3) |
| 3. arguments regarding the legality of compensation assessment. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court analysis on jurisdiction and arguments' merit. (Para 11 , 12) |
| 5. final order and conclusion of the case. (Para 13 , 14 , 15 , 16) |
JUDGMENT
Mr. Sureshwar Thakur, J.
This Court on 21st July, 2017, had drawn a verdict upon the instant writ petition. In the operative paragraph(s) of the said verdict, this Court, thus made the hereinafter extracted directions.
"....A perusal of Section 26(1) of the 2013 Act shows that there are certain parameters provided for assessment of compensation for the acquired land. The market value so calculated in terms of sub-section (1) is to be multiplied by a factor to be specified in the First Schedule. First Schedule provides that a multiplication factor from 1 to 2 based on the distance of a project from urban area, as may be notified by appropriate Government, has to be applied. The "appropriate Government" means in relation to acquisition of land in the State. The word 'notification' has also been defined in Section 3(v) of the 2013 Act. In the case in hand, admittedly the State has not issued any notification specifying multiplication factor to be applied for assessment of compensation. The land of the petitioner is admittedly located in the rural area. The State instead of issuing notification has merely issued instructions dated 16.10.2014 specifying multiplication factor, that too specifying multiplication factor in the range of 1 to 1.25. The same has been applied in the case of the petitioner by the Collector while announcing the award after the decision of the earlier writ petition filed by the petitioner.
As the statutory requirement of issuing the notification in terms of Section 26(2) read with First Schedule to the 2013 Act has not been complied with before announcing the award by the Collector, in our opinion, the award cannot be legally sustained. Mere instructions cannot be considered as compliance to the statutory requirement.
Accordingly, the award dated 29.5.2015 passed by the Collector in the case of the petitioner is set aside. Necessary consequence to follow.
The writ petition stands disposed of."
2. Therefore, the award of 29.05.2015, as became passed by the Collector concerned was quashed and set aside. However, the verdict (supra), as made on 21.07.2017, upon, CWP No.24548-2015, was through, the institution of Review application bearing number RA- 136-2018, hence in the writ petition (supra), thus asked to be reviewed. The said review application, was allowed, hence through an order made thereons, on 02.12.2022. The reasons as set forth in the affirmative order (supra), thus allowing the review application becomes extracted hereinafter.
"The present review application is for review of order dated 21.07.2017.
In compliance of order dated 02.09.2022, affidavit of Executive Engineer, PWD (B&R), Ludhiana has been filed and the same is taken on record. As per affidavit, the office of the Controller, Printing and Stationery, Punjab, Chandigarh, vide letter dated 27.09.2022 (A-3) has clarified that the notification dated 30.10.2014 was published in ordinary gazette of Government of Punjab dated 21.11.2014 (A-2). It has further been submitted that e-gazette portal of Government of Punjab was started in the year 2018 as per Punjab Government-Gazette- Extra Ordinary notification dated 07.08.2018 (A-4) and thus, the online uploading of Gazette of Government of Punjab began in the year 2018.
Keeping in view the fact that the notification dated 30.10.2014 has already been published in ordinary gazette of Government of Punjab dated 21.11.2014 (A-2), the order dated 21.07.2017 is liable to be recalled, as the award was set aside on the ground that the land of the petitioner was located in the rural area and the State has not issued notification s
AI
The notification setting a multiplier of 1.00 for compensation calculation was struck down, necessitating a new notification to apply a multiplier of 2.00 for recalculating compensation.
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
The court established that compensation for acquired land must reflect its urbanized market value rather than agricultural rates, ensuring fair compensation rights under the Constitution.
Sections 12 read as award of Collector when to be final.
The court affirmed that the doctrine of stare decisis applies, and legal principles declared by courts generally have retrospective effect unless explicitly stated otherwise.
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
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