Supreme Court of India
ALTAMAS KABIR, CJI., J. CHELAMESWAR, J.
Ashrafi & Others – Appellants
Versus
State of Haryana & Others – Respondents
Civil Appeal Nos. 3279-3287 of 2013 [Arising out of SLP(C)Nos.24704-24712 of 2007] WITH C.A.Nos.3288-3299/2013 @ SLP(C)Nos.13415-13426/2008, C.A.Nos.3300-3319/2013 @ SLP(C)Nos.12263-12282/2008, C.A.No.3320/2013 @ SLP(C)No.15648/2008, C.A.Nos.3321-3323/2013 @ SLP(C)Nos.5392-5394/2008, C.A.Nos.3324-3325/2013 @ SLP(C)Nos.15485-15486/2009, C.A.Nos.3326-3330/2013 @ SLP(C)Nos.8592-8596/2009, C.A.Nos.3331-3333/2013 @ SLP(C)Nos.34118-34120/2010, C.A.Nos.3334- 3337/2013 @ SLP(C)Nos.4176-4179/2010
Decided On : 11-04-2013
Land Acquisition Act - section 4 - against the claim of the land owners - Court fixed the compensation - Petitions which are being heard together in this batch of matters -For sake of convenience, we have taken up the batch matters State- wise. The major number of cases are from the States of Punjab and Haryana and, accordingly, it was decided to take up the said matters first. We have, therefore, heard the matters relating to the State of Haryana before the other matters and for the said purpose, we have also selected some specific matters, the decision wherein would also govern the rest. Since in the State of Haryana, the lands acquired were from different districts, such as Faridabad, Ambala, Fatehabad, Hisar, Sonepat and Kurukshetra and under different Notifications published under Section 4 of the 1894 Act, we took up the individual cases of Ashrafi and Others vs. State of Haryana & Ors. Others, being SLP(C)Nos.24704-24712 of 2007, relating to the Notification dated 2nd August, 2009, and Sailak Ram (D) Tr. LRs. & Ors. vs. State of Haryana & Ors., being SLP(C)No.28686 of 2010, relating to the Notification dated 7th September, 1992, in respect of the lands situated in Faridabad –Held, lands in question have lost their character and potentiality as agricultural lands and have more or less been converted into lands which were ready for use for the purpose of construction. Taking Ms. Agarwals submissions regarding the factors which determine deduction towards development cost, such as location and potentiality, into account, we are of the view that a deduction of 331/3 per cent would be reasonable on account of the passage of time and the all round development in the area which has made it impossible for the lands to retain their original character. Court determined the compensation at the uniform rate of Rs. 206/- per sq. yard. The High Court modified the said award and awarded compensation at the rate of Rs. 260/- per sq. yard for the land acquired up to the depth of 100 meters abutting National Highway No. 10. The value of the rest of the acquired land was maintained at Rs. 206/- per sq. yard. The area in question being already developed to some extent, a cut of 50% on the value is, in our view, excessive. We agree with Mr. Swarup that resorting to the belting system by the High Court was improper and that at best a standard cut of 1/3rd would have been sufficient to balance the smallness of the exhibits produced. It has been pointed out by Mr. Swarup that on a comparative basis, the price of lands in the area in 1991 was on an average of about Rs. 420/- per sq. yard. Given the sharp rise in land prices, the value, according to Mr. Swarup, would have doubled to about Rs. 800/- per sq. yard by 1993. Even if we have to apply the formula of 12% increase, the valuation of the lands in question in 1993 would be approximately Rs. 527/- per sq. yard. Imposing a deduction of 1/3rd, valuation comes to about Rs. 350/- per sq. yard, which, in our view, would be the proper compensation for the lands covered in the case of Mukesh (supra) and other connected matters –Order accordingly
Judgment :-
Altamas Kabir, CJI.
1. All these matters involve a common question relating to claims for enhancement of compensation in respect of lands acquired under the Land Acquisition Act, 1894, hereinafter referred to as "the 1894 Act", in several States, such as, Punjab, Haryana, Madhya Pradesh, Andhra Pradesh and the Union Territory of Chandigarh. In some of the Special Leave Petitions, leave has already been granted and they have been listed as Civil Appeals. Leave is also granted in all other Special Leave Petitions which are being heard together in this batch of matters.
2. For the sake of convenience, we have taken up the batch matters State- wise. The major number of cases are from the States of Punjab and Haryana and, accordingly, it was decided to take up the said matters first. We have, therefore, heard the matters relating to the State of Haryana before the other matters and for the said purpose, we have also selected some specific matters, the decision wherein would also govern the rest. Since in the State of Haryana, the lands acquired were from different districts, such as Faridabad, Ambala, Fatehabad, Hisar, Sonepat and Kurukshetra and under different Notifications published under Section 4 of the 1894 Act, we took up the individual cases of Ashrafi and Others vs. State of Haryana & Ors. Others, being SLP(C)Nos.24704-24712 of 2007, relating to the Notification dated 2nd August, 2009, and Sailak Ram (D) Tr. LRs. & Ors. vs. State of Haryana & Ors., being SLP(C)No.28686 of 2010, relating to the Notification dated 7th September, 1992, in respect of the lands situated in Faridabad. In addition, we also took up SLP(C)No.18588 of 2006 filed by the State of Haryana against Surinder Kumar and Others, in respect of the Notification dated 26th May, 1981, relating to the lands situated within the District of Ambala. Another matter relating to the District of Ambala, namely, State of Haryana vs. Manohar Lal Khurana, being SLP(C)No.11527 of 2007, relating to the Notification dated 2nd February, 1989, was also taken up separately. As far as the lands relating to the District of Hisar are concerned, the Special Leave Petition filed by the State of Haryana against Partap Singh and Another, being SLP(C) No.21597 of 2006, relating to the Notification dated 21st March, 1991, was taken up for separate hearing as also some of the cases involving lands in Sonepat, Kurukshetra Districts, in respect of the Notifications published under Section 4 of the 1894 Act, dated 20th April, 1982 and 17th September, 1993, respectively.
3. Some of the Special Leave Petitions (now Appeals) have been filed by the State of Haryana, which is equally aggrieved by the enhancement of the compensation assessed in reference under Section 18 of the 1894 Act. As would be evident shortly, the High Court almost on a uniform basis awarded compensation at the rate of Rs.235/- per sq. yard notwithstanding the type of land involved. Although a distinction had been made between "chahi" lands, "pahar gair mumkin" lands and "gair mumkin" lands while assessing compensation, ultimately, a uniform rate was awarded in respect of the different types of lands which had been acquired. Different reasons have been given by the High Court in arriving at the uniform figure of Rs.235/- per sq. yard, but what is important is that ultimately by applying different methods, the compensation worked out to be same.
4. In the case of Smt. Ashrafi & Ors., arising out of RFA No.99 of 1997 decided by the Punjab and Haryana High Court on 21st May, 2007, along with several other similar appeals, lands measuring 184.66 acres in village Mewla, Maharajpur, District Faridabad, were acquired for the development of Sector 45 in Faridabad. Notification was published under Section 4 of the 1894 Act on 2nd August, 1989. The Land Acquisition Collector awarded compensation at the rate of Rs.3,50,000/- per acre for chahi lands and Rs.1,50,000/- per acre for other lands. On a reference made by the land owne
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