LexHARIDWAR DEVELOPMENT AUTHORITY versus RAGHUBIR SINGH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[201 OJ 2 S.C.R. 201
HARIDWAR DEVELOPMENT AUTHORITY
v.
RAGHUBIR SINGH
(Civil Appeal No. 1150-1167 of 2010)
JANUARY 29, 2010.
[R.V. RAVEENDRAN AND K.S. RADHAKRISHNAN, JJ.]
Land Acquisition Act, 1894:
A
B
s. 23 - Land ·acquisition - Compensation - Belting c
method - HELD: In the instant case acquisition relates to a
comparatively small extent of village land measuring about
38 bighas of compact contiguous land - The view of High
Court that compensation should be awarded at an uniform rate
does not call for interference - Guidelines for belting method,
0
laid down.
s. 23 - Compensation - Enhancement on the basis of
sale exemplar - HELD: Compensation awarded on the basis
. of the sale exemplar of more than one year prior to date of
preliminary notification, increased by 12%.
E
s. 23 - Compensation - Deduction towards development
cost - HELD: 25% deduction adopted by Collector, need no
. alteration.
F
ss. 34 and 28 -
Interest -
HELD: In regard to
compensation that is offered by Land Acquisition Collector,
interest is payable u/s 34 - With re.spect to increase in
.compensation allowed by reference court or appellate court,
interest is awarded uls 28 - Sections 34 and 28 do not
duplicate the award of interest, but ·together cover the entire
G
amount of compensation awarded - Awarding interest on
enhanced amount is the normal rule - Refusal to interest
should be by assigning special/specific reasons.
201
H
·'-' ....... ~.
202
SUPREME COURT REPORTS
[2010] 2 S.C.R.
A
Lal Chanel vs. Union of India 2009 SCR 622 = 2009 (15)
B
c
D
E
F
SCC 769 and Sardar Jogendra Singh vs. State of UP 2008
(17) sec 133, referred to.
Case Law Reference:
2009 SCR 622
2008 (17) sec 133
referred to
referred to
para 9
para 10
CIVIL APPELLATE JURISDICTION :-Civil Appeal
Nos.1150-1167 of 2010.
From the Judgment & Order dated 22.6.2005 of the High
Court of Uttaranchal at Nainital in Appeal Nos. 75, 76, 84, 87,
88, 90-92, '20, 68-74, 77-78 of 2003.
WITH
C.A. Nos. 1168-69, 1170, 1171-1178, 1179-1184, 1185-1195
·of 2010.
.
.
. A. K. Ganguly, Vinay Garg, Jyoti Sharma for the Appellant.
Lakshmi Raman Singh, Neelam Singh, Durga, Udita
Singh, Prashant Chaudhary, Vishwajit Singh, Veera Kaul Singh,
Siddharth Sengar, Abhindra Maheshwari, Pankaj Singh, Vinay
Garg, Nagendra Singh, Vishwa Pal Singh, Sunil Kumar Singh,
Mukti Singh, P.N. Gupta for the Respondents.
The Order of the Court was delivered by
ORDER
R.V.RAVEENDRAN, J. 1. Leave granted. Heard the
G parties.
2. The first batch of appeals is filed by the Haridwar
Development Authority ('the Authority', for short), the beneficiary
of an acquisition. The connected appeals are filed by the
H claimants-landowners whose lands measuring 38.6.8 Bighas
HARIDWAR DEVELOPMENT AUTHORITY v.
203
RAGHUBIR SINGH [R.V. RAVEENDRAN, J.]
(8,45,174 sq.ft.) in village Jwalapur, Tehsil and District Haridwar,
A
were acquired for planned development of a housing colony,
under preliminary notification dated 7.12.1991 and final
notification dated 16.5.1992. As the ranks of parties in the
appeals and counter-appeals vary, the appellant in the first
batch (who is the second respondent in other appeals) will be
B
referred to as the "Authority". The respondents in the first batch
(who are the appellants in the other appeals) are referred to
as the "claimants".
3. The Land Acquisition Collector made an award dated
9.5.1994. He divided the acquired lands into three belts and
C
awarded compensation at the rate of Rs.26.25 per sq.ft. for the
lands falling in the first belt, Rs.17.50 per sq.ft. for lands falling
in second belt and Rs.13.12 per sq.ft. for the lands falling in
the third belt. The Reference Court however limited the division
of the acquired lands into only two categories, that is lands
D
falling within 500 metres from the National Highway and lands
falling beyond 500 metres from the National Highway. In regard
to the first category, it awarded compensation at the rate of
Rs.26.25 per sq.ft. and for the second category Rs.17.50 per
sq.ft. Feeling aggrieved, both sides filed appeals. The High
E
Court awarded a uniform rate of Rs.26.25 per sq.ft. for all the
acquired lands and rejected the belting system adopted by the
collector and the categorization adopted by the Reference
Court. The High Court also confirmed that claimants will be
entitled to all statutory benefits, that is additional amount under
F
section 23(1A), solExcerpt shown. Read the full judgment & AI analysis in Lexace.