Back
SUPREME COURT OF INDIA
B.R. GAVAI, S.V.N. BHATTI, JJ.
BESCO Limited – Appellant
Versus
State Of Haryana & Others – Respondents
Civil Appeal No(s). 5376 of 2023 (Arising out of SLP(C) No(S).4487 OF 2022) With Civil Appeal No. of 2023 (Arising out of SLP (C) No.4872/2022), Civil Appeal No. of 2023 (Arising out of SLP (C) No.4996/2022), Civil Appeal No. of 2023 (Arising out of SLP (C) No.14506/2022), Civil Appeal No. of 2023 (Arising out of SLP (C) No.6893/2023), Civil Appeal No. of 2023 (Arising out of SLP (C) No.14507/2022), Civil Appeal No. of 2023 (Arising out of SLP (C) No.5574/2023), Civil Appeal No. of 2023 (Arising out of SLP (C) No.5546/2023), Civil Appeal No. of 2023 (Arising out of SLP (C) No.5549/2023), Civil Appeal No. of 2023 (Arising out of SLP (C) No. (@ Dy. No(s). 10986/2023)
Decided On : 23-08-2023
Land Acquisition Act, 1894 - Sections 4 and 18 - Acquisition of land - Quantum of compensation - Court, in determining market value of acquired land as one of factors, relies on exemplar sale deeds, decides location/potentiality of land sold through a private sale, and compares nature and neighbourhood of land acquired - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction for development charges and developed area - Sale consideration immediately preceding Section 4(1) Notification is an applicable exemplar for determining market value of land under acquisition - Acquired lands are not shown or established as agricultural land - Substantial portions of land under acquisition is abutting National Highway - Area, even by date of acquisition, is developed with industries in proximity and has good potential for industrial use - Subject lands are acquired under one notification and plan brought on record evidences location and proximity to development in and around acquired land - Belting of area for valuation would be incorrect - It is just to determine uniform market value to lands under acquisition - Market value determined at Rs. 1,49,14,975/- per acre for acquired lands with standard statutory benefits. (Paras 13, 15, 16, 17 and 18)
Facts of the case:
Civil Appeals arise from Common Judgment and Decree dt. 02.11.2021 in RFA No. 1232 of 2019, in High Court of Punjab and Haryana at Chandigarh. Landowners covered by Section 4(1) Notification dt. 13.05.2010 issued under Land Acquisition Act, 1894, are appellants. Appeals are filed claiming enhanced compensation.
Findings of Court:
Land under acquisition cannot be completely treated as agricultural land, and at the same time, land cannot also be treated as forming part of a developed or approved layout. Land has been in hands of the landowners for industrial use, and therefore, applicable deduction to the cases on hand could be 33 percent.
Result : Appeals allowed in part.
JUDGMENT :
(S.V.N. Bhatti, J.)
1. Leave granted.
2. The Civil Appeals arise from the Common Judgment and Decree dt. 02.11.2021 in RFA No. 1232 of 2019, in the High Court of Punjab and Haryana at Chandigarh. The landowners covered by Sec. 4(1) Notification dt. 13.05.2010 issued under the Land Acquisition Act, 1893 (for short, “the Act”), are appellants before us. The appeals are filed claiming enhanced compensation. Appeals relate to the Notification dt. 13.05.2010. The acquired lands are located in (i) Village Malpura, (ii) Village Kapriwas and Sidhrawali. Hence, they are disposed of by the Common Judgment.
2.1. The State of Haryana, through the District Collector, District Rewari, issued Sec. 4(1) Notification under the Act, proposing to acquire land measuring 1222 Kanal, 6 Marla for establishing and developing an integrated industrial complex and other public utilities in Village Malpura, Sub Tehsil Dharuhera, District Rewari. The Industrial Complex is administered and run by Haryana State Industrial Development Corporation (HSIDC), Tehsil - Bawal, District - Rewari. The Land Acquisition Officer (LAO) by the award dt. 10.05.2013 determined the compensation payable to the landowners. The parties are called landowners, the State, LAO and the HSIDC for convenience. The details of the appellants/ landowners, etc., are stated in the following table:
| NAME OF THE APPELLANTS | CASE NO. | IDENTITY OF THE LAND | EXTENT OF LAND | LOCATION |
| Besco Ltd. (Formerly Bhartia Electric Steel Co. Ltd.) | SLP(C)No. 4487/22 | Musteel No. 26 Khasra No. 1/1; Musteel No. 28, Khasra Nos. 1, 2, 3, 8, 9, 10 | 47 Kanals, 13 Marlas (28,828.3 sq. yd. or 5.95 acres) | Village Malpura |
| 1. M/s Rajdhani Nurseries Ltd. (Formerly known as M/s Sidharth Mercantile Ltd.) 2. M/s Tower Leasingg & Finance Ltd. | SLP(C)No.6 893/23 | Khewat No. 64/64, Rect No. 31, Killa No. 11 (9- 13), 12 (7-18), 13 (7-13), 17 (8- 0), 19 (8-0), 20 (8-0), Killa No. 21/2 (4-8), 22 (8-0), 23 (8-0), 24/1 (1-4) Khewat No. 135/140, Rect. No. 33, Killa No. 11/1 (5-5) Khewat No. 63/63, Rect. No. 31, Killa No. 16 (8- 0), 24/2 (6-16), 25 (8-0), Rect. No. 32, Killa No. 20/2 (2-0), 21 (8-0), 22 (4-8), Rect. No. 33, Killa No. 1 (10- 0), 10 (7-12), Rect. No. 34, Killa No. 2(8-0), 3(8-0), 4 (8-0), 5 (8-0), 6 (8-0) | 178 kanals 17 Marlas (1,08,204.5 sq. yd. or 22.35 acres) | Villages Kapriwas and Sidhrawali |
| 1. Ramesh Kumar 2. Ashok Kumar 3. Rajender Prasad (Dead) 4. Surender Singh 5. Amit | SLP(C)No. 14507/22 | Khewat No. 129, Rect. No. 43 Kila No. 21/2(5-16), 22/2(5-15), Kitat 2 | 11 Kanals, 11 Marlas (6,987.76 sq. yd. or 1.44 acres) | Village Malpura |
| Surender Singh | SLP(C)No. 14506/22 | Khewat No. 109, Khatoni No. 110, Rect. No. 43, Kila No. 13/2(2- 9), 18/1(3-10), Kitat 2 | 5 Kanals, 19 Marlas (3,599.76 sq. yd. or 0.74 acres) | Village Malpura |
| 1. Smt. Premlata w/o Randhir Singh 2. Randhir Singh 3. Hari Prakash 4. Dharam -chand | SLP(C)No.5 574/23 | Financial Commisioner’s standing order describes the identity from | Extent not indicated | Village Malpura |
| 1. Gaurav (now major) s/o Jagdish 2. Rahul (now major) s/o Jagdish 3. Prapti (now major) s/o Jagdish | Dy. No. 10986/23 | Khewat No.128 khatoni 132 Rect. No.45 Killa No.1/2/1 (3-19), 2/2 (3-16), 9/1/2 (4-0) Kita 3. | 11 kanals and 15 marla. (7,108 sq. yd. or 1.4 acres) | Village Malpura |
| M/s Delton Cables Limited | SLP(C)No. 4996/22 | Rect. No.41 Killa No.3,4/1,4/2,5/1, 5/2,6,7,8/1,13/2/ 1, 14/1,15/1 Rect. No. 29 Killa No.24,25 | 74 kanals (44,770 sq. yd. or 9.25 acres) | Village Malpura |
| Bhram Dutt s/o Hari Singh s/o Gopal | SLP(C)No. 5546/22 | Khewat No.126 khatoni 130 Rect. No.43 Killa No.21/1 (2-4), 22/1 (2-5), Rect. No.45 Killa No.1/1 (4-4), 2/1. | 12 kanal 17 Marla (7774.26 sq. yd. or 1.6 acres) | Village Malpura |
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....
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
(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....
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
