LexASHRAFI AND ORS. versus STATE OF HARYANA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
[2013] 6 S.C.R. 148
ASHRAFI AND ORS.
v.
STATE OF HARYANA AND ORS.
{Civil Appeal Nos. 3279-3287 of 2013)
APRIL 11, 2013
[ALTAMAS KABIR, CJI. AND J. CHELAMESWAR, J.]
Land Acquisition Act, 1894 - s.23 - Compensation -
Determination of, on basis of market value of comparable
C
lands - Passage of time between different acquisitions - Held:
On facts, compensation accordingly enhanced from Rs.2801
- per sq. yard to Rs.3251- per sq. yard.
Land Acquisition Act, 1894 - s.23 - Compensation -
D
Land in question falling within municipal limits - Deduction
towards development costs - Held: On facts, deduction of 40%
unjustified - Cut of 33113 per cent more realistic.
Land Acquisition Act, 1894 - s.23 - Compensation -
Land under acquisition already developed to some extent -
E
Held: On facts, cut of 50% on the value is excessive - At best
a standard cut of 113rd would have been sufficient.
Land Acquisition Act, 1894 - s.23 - Compensation -
Land under acquisition already within developed municipal
F
limits - Held: On facts, cut of 60%, as imposed by the High
Court, inappropriate - Cut of one-third the value would be
appropriate.
Land Acquisition Act, 1894 - s.23 - Compensation -
Land under acquisition divided into belts - Held: On facts,
G having regard to the potentiality of the acquired lands, the
belting system should not have been resorted to.
Land Acquisition Act, 1894 - s.23 - Compensation -
Land under acquisition having substantial potential - Sharp
H
148
ASHRAFI AND ORS. v. STAT.E OF HARYANA
149
in value of lands in recent times - Held: On facts, although,
A
High Court had allowed a yearly increase of 12%, taking 1983
as a base-year, such increase was not commensurate with the
yearly escalation of prices and that was required to be
calculated on a cumulative basis - Compensation directed
to be reassessed by applying the cumulative rate of increase
B
at the rate of 12% per annum with the base year being the
date of the Notification u/s.4 of the Act, together with the
statutory benefits.
Common
question
relating
to
claims
for C
enhancement of compensation in respect of lands
acquired under the Land Acquisition Act, 1894, in several
States, such as, Punjab, Haryana, Madhya Pradesh,
Andhra Pradesh and the Union Territory of Chandigarh,
arose for consideration in the present matters.
Since the majority of cases are from the States of
Punjab & Haryana, this Court heard the matters relating
to the State of Haryana before the other matters and for
the said purpose, also selected some specific matters, the
D
decision wherein would also govern the rest.
E
Disposing of all the matters, the Court
HELD:1. In Smt. Ashrafi's case arising out of RFA
No.99 of 1997 decided by the Punjab & Haryana High
Court on 21st May, 2007, along with several other similar
F
appeals, it was agitated on behalf of the appellants that
the compensation fixed by the High Court was on the
lower side in view of the fact that in respect of lands
acquired u11der the same Notification dated 20th August,
1989, the District Court had fixed the market value at G
Rs.328.50 per sq. yard and also at Rs.3371- per sq. yard,
in respect of the lands acquired under a Notification
issued in July, 1987. In Smt. Kamlesh Kumari's case, in
which the facts were the same, as that in Smt. Ashrafi's
case, the Reference Court awarded Rs.3251- per sq. yard.
H
150
SUPREME COURT REPORTS
[2013] 6 S.C.R.
A In appeal, the said amount was increased to Rs.280/- per
sq. yard. Even the aforesaid enhancement does not
appear to have reflected the proper valuation of the lands
acquired since soon, thereafter, in 'Pritam Singh's case,
compensation was awarded at Rs.435/- per sq. yard and
B also at the rate of Rs.392.50 per sq. yard in respect of the
lands acquired under Notification dated 5th June, 1992.
The enhancement of the compensation from Rs.280/- per
sq. yard to Rs.435/- per sq. yard and Rs.392.50 per sq.
yard was probably occasioned by the fact that while the
c lands were acquired under the Notification issued in July,
1987, the comparative rate relating to the same property
was Rs.392.50 per sq. yard. In view of the passage of time
between the different acquisitions, a just compensation
would be at the rate of Rs.325/- per sq. yard instead of
0
Rs.280/- per sq. yard. Similar is the case of Smt. Kamlesh
Kumari, where the facts were similar to those in Ashrafi's
case. The just compensation inExcerpt shown. Read the full judgment & AI analysis in Lexace.