LexMAHANT SHREO NATH CHELA BABA PURAN NATH versus STATE OF HARYANA THROUGH COLLECTOR
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A MAHANT SHREO NATH CHELA BABA PURAN NATH v. STATE OF HARYANA THROUGH COLLECTOR MARCH 1, 1995 B [K. RAMASWAMY AND B.L. HANSARIA, JJ.] Land Acquisition Act, 1894-Compensation-Determination of-Par- ties agreeing that acquired lands should be treated at par with lands acquired in an earlier case-Consequent determination of compensation relying upon C compensation awarded in earlier case-Held valid. 27 acres of appellant's land was acquired for which the Land Ac- quisition Officer awarded compensation @Rs. 5 per maria. On reference, the District Judge made two blocks and awarded compensation @Rs.120 per maria for 'A' block and for the 'B' block @Rs. 100 per maria. On . D appeal, a single judge of the High Court awarded compensation @Rs. 140 per maria for all types of land. On further appeal a Division Bench of the High Court, relying upon the judgment in Mange Ram v. State of Haryana, R.F .A. No. 798of1975 decided in Febn1ary 1981 by P&H High Court, made two blocks - 'A' block upto the proximity of fifty feet as one block and E thereafter block, 'B' and 'C' and fixed valuation for 'A' block @R.s 8 per sq. yard. As regards 'B' and 'C' block the appellant agreed that the lands in question should be treated at par with 'B' and 'C' block of lands in Mange Ram's case and consequently the High Court awarded compensa- tion @Rs. 6.75 per sq. yard as determined in Mange Ram's case. F The appellants filed appeafa in this Court seeking compensation @Rs. 8 per sq. yard contending that (i) since the lands were situated on the front to the main Delhi-Rohtak Road much nearer to the front portion to the road than the lands in Mange Ram's case, all lands should be treated as 'A' block and compensation should have been awarded@Rs. 8 per sq. yard; (ii) in view of the judgment in Mange Ram's case this was a fit case for reconsideration of the evidence. Dismissing the appeal, this Court HELD: 1. The High Court was right in fixing the market value at Rs. H 6.75 per sq. yard. It is a clear case of counsel agreeing not only to the 426 y I PURAN NATII v. STATEOFHARYANA 427 proximity of the land in Mange Ram's case to the lands in these appeals A but also in relation to their division '8' and 'C' block as determined in Mange Ram's case. The Division Bench therefore, did not rightly go into the evidence to determine the compensation afresh. Thus, it being within the realm of power and jurisdiction of the High Court and it having fixed the market value at Rs. 6.75 per sq. yard for the land in blocks '8' and 'C', B there is no error of law. Consequently, there is no need to remand the matter for fresh consideration of the evidence as claimed for. ,r- (428-G, 429-B-D] Mange Ram v. State of Haryana, R.F.A. No. 798 of 1975 decided in February 1981 by P&H High Court, referred to. CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4495- 95A. of 1991. From the Judgment and Order dated 1.5.84 of the Punjab and Haryana High Court in L.P A. Nos. 573 and 575 of 1980. I Satish Chandra, Ms. Aparna Rohtagi, K.B. Rohtagi and Baldev Atriya for the Appellants. I.S. Goyal for Ms. Indu Malhotra for the Respondent. The following Order of the Court was delivered: c D E These appeals by special leave arise from the judgment of the Division Bench of the High Court of Punjab and Haryana in Letters Patent /, Appeal No. 573/80 dated May.1, 1984. The lands in a total extent of 27 acres were acquired by a Notification published under s.4(1) on December p 22, 1972 and January 31, 1973 for public purpose. The Land Acquisition Officer by is award dated November 28, 1973 determined the compensation @Rs. 5 per maria. On reference under s.18, the Additional District Judge made two blocks and awarded compensation @Rs. 120 per maria for 'A' block and for the 'B' block @Rs. 100 per maria. On appeal, the single Judge of the High Court awarded compensation @Rs. 140 per maria by G --._ the judgment dated May 22, 1980 for all types of land. On appeal, the bench of the High Court following the ratio in Mange Ram v. State of Haryana, in R.F.A. No. 798/75 dated February 1981 made two blocks. 'A' block upto the proximity of 50 ft. as one block and block 'B' and 'C' thereafter and fixed valuation for 'A' block @Rs. 8 per sq. yd. and for the H 428 SUPREME COURT REPORTS (1995) 2 S.C.R. A 'B' block and 'C' block @Rs. 6.75 per sq. yd .. Following that ratio, the appeals treated the lands as 'B' and 'C' block and awarded
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