LexJASPAL SINGH & OTHERS versus THE STATE OF HARYANA AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A B C D E F G H 670 SUPREME COURT REPORTS [2022] 15 S.C.R. JASPAL SINGH & OTHERS v. THE STATE OF HARYANA AND OTHERS (Civil Appeal Nos. 7516-7521 of 2022) OCTOBER 20, 2022 [M. R. SHAH AND M. M. SUNDRESH, JJ.] Land Acquisition Act,1894 – ss.4,6,11 – Compensation – Enhancement of – Lands were acquired for Jhajjar Thermal Power Plant under the provisions of 1894 Act – Acquisition collector determined and awarded compensation @ Rs. 16,00,000/- per acre – Reference court enhanced amount of compensation @ Rs.17,64,350 per acre – High Court reduced the amount of compensation to Rs. 16,00,000/- per acre – Before Supreme Court, landowners placed reliance upon the decision of the case Arawali Power Company Private Limited where compensation @ 25,00,000/- per acre was awarded and contention was raised that the lands acquired in the present case and lands acquired for Arawali Power Company Private Limited are similarly situated – Held: Both the lands in present case and the lands in issue in the case of Arawali Power Project are similarly situated – Further, held that considering the Evidence on record and sale instances and considering the fact that landowners shall be entitled to just and reasonable compensation and taking in consideration of the Arawali Power Company Private Limited case into account – Compensation @22,00,000/- per acre was awarded – Judgement and order passed by High Court was modified accordingly. Allowing the appeals, the Court HELD: 1. Considering the evidence on record and the sale instances which were relied upon on behalf of the landowners and while considering the fact that the landowners shall be entitled to just and reasonable compensation for the lands acquired and taking into consideration the decision of this Court in the case of Arawali Power Company Private Limited, this Court is of the opinion that if the landowners in the present case are awarded compensation at the rate of Rs. 22,00,000/- per acre, the same can be said to be just and reasonable compensation. [Para 8][676- C-E] [2022] 15 S.C.R. 670 670 A B C D E F G H 671 Arawali Power Company Private Limited (Civil Appeal No. 8757 of 2016 and connected appeals decided on 05.09.2017 by the Supreme Court) – relied on. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 7516- 7521 of 2022. From the Judgment and Order dated 21.03.2022 of the High Court of Punjab and Haryana at Chandigarh in RFA Nos. 484 of 2019, 3480 and 3457 of 2014, 4699 of 2015, 4513 and 4515 of 2018. With Civil Appeal Nos. 7524-7531, 7447-7448, 7449-7477, 7478-7512, 7513, 7545-7579, 7544, 7581-7584 of 2022. Shyam Divan, Rameshwar Singh Malik, Neeraj Kishan Kaul, Sr. Advs., Gaurav Agrawal, Pallav Mongia, Ankush Mangal, Tushar Srivastava, Rakesh Dahiya, Aditya Dahiya, Satyavan Kudalwal, Kapil Dahiya, Akshat Jain, Aditya Dahiya, Deepkaran Dalal, Raunaq Dalal, Tonish Singh, Dalel Singh, Ajay Pal, Mayank Dahiya, Ms. Priyanka C., Kuldeep Singh Kochaliya, Jitesh Malik, Satish Kumar, Nirnimesh Dube, Ankur S. Kulkarni, Susheel Joseph Cyriac, Ms. Sonia Dube, Ms. Uditha Chakravarthy, M/S. Lex Regis Law Offices, Samar Vijay Singh, Vipin Singh Bansal, Ms. Amrita Verma, Advs. for the appearing parties. The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 21.03.2022 passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. No. 2086/2016 and other allied first appeals, by which the High Court has allowed the appeals preferred by the respondents herein and has dismissed the appeals preferred by the appellants herein – original claimants/landowners, the original claimants/landowners have preferred the present appeals. 2. The facts leading to the present appeals in a nutshell are as under: That the lands situated at village Jharli, District Jhajjar, Haryana came to be acquired for Jhajjar Thermal Power Plant. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act 1894’) came to be issued on 09.04.2007. Declaration under JASPAL SINGH & OTHERS v. THE STATE OF HARYANA AND OTHERS A B C D E F G H 672 SUPREME COURT REPORTS [2022] 15 S.C.R. Section 6 of the Act, 1894 was issued on 13.11.2007. The Land Acquisition Collector declared the award under Section 11 of the Act, 1894 and determined and awarded compensation at Rs. 16,00,000/- per acre. The Reference Court enhanced the amount of compensation to Rs. 17,64,350/- per acre. The acquiring body/beneficiary
Excerpt shown. Read the full judgment & AI analysis in Lexace.