LexASHOK KUMAR & ANR. ETC. versus STATE OF HARYANA
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A B c D E F G fl (2016) l S.C.R. 1084 ASHOK KUMAR & ANR. ETC. v. STATE OF HARYANA (Civil Appeal Nos. 2714-2721 OF2012) FEBRUARY 18, 2016 [KURIAN JOSEPH AND ROHINTON FALi NARIMAN, J.J.] Land Acquisition Act, 1894 - s.25 (as amended) - Amount of compensation awarded by the Court - Held: There is no restriction that compensation should be awarded only upto amount claimed by the applicant - ( 'ourt is to award just and fair compensation taking into consideration the true market value and other relevant factors, irrespective of the claim made by the owner - On facts, the properties of 1he appellant do not abut the national highway but there is only a narrow road connecting the properties of the appellants to the national highwav -- It would not be just and proper to award land i·a1ue of Rs.2501- per square yard. which is granted to the property in adjoining ril/age - Compensation of Rs. 2001- per square yard would _be just a!ld fair. Disposing of the appeals, the Court HELD: The pre-amended provision of s. 25 of the Land Acquisition Act, 1894 put a cap on the maximum; the compensation by court should not be beyond the amount claimed. The amendment in 1984, on the contrary, put a cap on the minimum; compensation cannot be less that what was awarded by the Land Acquisition Collector. The cap on maximum having been expressly omitted, and the cap that is put is only on minimum, it is clear that the amount of compensation that a court can award is no longer restricted to the amount claimed by the applicant. It is the duty of the Courtto award just and fair compensation taking into consideratio11 the true market value and other relevant factors, irrespective of the claim made by the owner. In the instant case, the properties of the appellant do not abut the national highway. It is situated about 375 yards away from the national highway and it appears that there is only a narrow road connecting the properties of the appellants to the national highway. Therefore, 1084 ASHOK KUMAR & ANR. ETC. v. STATE OF HARYANA it would not be just and proper to award land value of Rs.250/- per square yard, which is granted to the property in adjoining village. Having regard to the factual and legal position the just and fair compensation in the case of appellants would be Rs. 200/ - per square yard. [Paras 7, 12][1087~D-E; 1089-E-F] Sanjay Batham v. Munna Lal Parihar (2010) 11 SCC 665; Bhag Singh and Ors. v. Union Territory of Chandigarh (1985) 3 SCC 737: 1985 (2) Suppl. SCR 949; Krishi Utpadan Mandi Samiti v. Kanhaiya Lal (2000) 7 SCC 756: 2000 (3) Suppl. SCR 531 Bhimasha v. Special Land Acquisition Officer and Ors. (2008) 10 sec 797 - referred to. Case Law Reference c2010) .11 sec 665 referred to .. Para 8 1985 (2) Suppl. SCR 949 referred to. Para9 2000 (3) Suppl. SCR 531 referred to. Para 10 c2008) 1 o sec 797 referred to. Para 11 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2714- 2721OF2012 From the Judgment and Order dated 30.10.2008 in RFA Nos. 235811993, 2359/1993, 2360/1993, 2361II993, 2362/1993, 236311993, 2364/1994, and 2365/1993 passed by the High Court of Punjab & Haryana at Chandigarh. Shailendra Jain, Manoj Swarup, Siddharth S., Neha Kedia, Prerna Mann, Karanvir Singh Khehar, Ajay Kumar, Madhu Moolchandan i for the Appellants. Sanjay Kumar Tyagi, Haryana, Prabhat Kr. R., San jay Kr. Visen for the Respondents. The Judgment of the Court was delivered by KURIAN, J. Leave granted in Special Leave Petition (Civil) No. 12495 of2015. 2. Around 46.93 acres of Land was acquired by the respondent- State ofHaryana initiating the proceedings by Notification dated 1085 A B c D E F G H 1086 SUPREME COURT REPORTS [2016] I S.C.R. A 19.09.1983 issued under Section 4 of the Land Acquisition Act, 1894. The purpose of acquisition is residential and commercial for Panchkula, Sector-21. The acquired property is in Village Fatehpur. In respect of the same development, we have seen that this court in many cases has based the fixation of the land value based on acquisition proceedings B initiated in 1981 in Village Judian. Those properties in village Judian had access to State Highway and the value fixed by this Court is Rs. 250/- per square yard. In respect of properties situated i11 the adjoining village of the appellants namely, Devi Nagar, we have fixed land value at the rate of Rs. 250/- per square yard that was the acquisition initiated in the
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