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2023 Supreme(P&H) 2211

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

Advocates Appeared:
Mr. A.S.Narang, Advocate with Ms. Manpreet Kaur, Advocate; For the Petitioner
Mr. Vipul Aggarwal, Sr. Panel Counsel for the Respondent No. 1 - U.O.I.
Mr. Maninder Singh, DAG, Punjab for Respondents No. 2 and 3.

Headnote:(A) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 26(1) and (2) - The award for land acquisition was set aside due to lack of compliance with statutory notification requirements for determining compensation - The State did not issue necessary notifications as required by law indicating multiplier factors for assessment of compensation - The mere instructions without proper notification failed to meet legal criteria, thus the award cannot be legally sustained. (Paras 1, 3, 10, 14)

(B) Constitutionality of Statutory Provisions - The Court held that the parameters in Section 26 ensure fair compensation and do not breach constitutional mandates - Statutory provisions of the Act were upheld as valid and consistent. (Paras 9, 11, 14)

Facts of the case:
The petitioner challenged the Collector's award related to land acquisition due to the non-issuance of necessary notifications defining compensation multipliers. The state argued compliance based on subsequent notifications while the petitioner contended their arbitrary nature and sought higher compensation.

Findings of Court:
The lack of proper notification rendered the Collector's award invalid, yet the statutory remedy for compensation enhancement remains unutilized by the petitioner.

Issues: The central issue was the validity of the Collector’s award considering statutory notification requirements for determining compensation multipliers.

Ratio Decidendi: The Court emphasized that statutory notifications are required for determining compensation and upheld the legality of the provisions of the Act of 2013 aimed at fair compensation.

Result: Writ petition dismissed; the impugned award maintained.

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

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