RADHEY SHAM versus THE STATE OF HARYANA AND OTHERS

Citation: [2022] 14 S.C.R. 1022 · Decided: 17-10-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 14 S.C.R.
RADHEY SHAM
v.
THE STATE OF HARYANA AND OTHERS
(Civil Appeal No. 7391 of 2022)
OCTOBER 17, 2022
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
Land Acquisition: s.4 notification issued on 29.08.2005 –
Award made under s.11 – Reference made at the instance of land
owners for enhancement of compensation  - Reference court by
judgment dated 31.05.2014 assessed market value at Rs.1000 per
square yard – Dissatisfied land owners filed appeals before High
Court for enhancement of compensation – State accepted judgment
dated 31.05.2014 – High Court allowed appeals filed by land owners
and assessed the market value of acquired land at Rs.4173 per
square yard –  Both landowners as well as the State preferred appeals
before this Court – By judgment dated 16.05.2018, this Court
allowed the appeals preferred by the State and set aside the judgment
passed by the High Court and remitted the matter to the High Court
for fresh consideration – On remand, High Court remitted matter to
Reference Court  by observing that some sale instances/sale
exemplars relied upon on behalf of the landowners were not taken
into consideration by Reference Court – On remand, Reference
Court assessed amount of compensation at Rs. 750/- per square
yard –  Landowners as well as the State filed appeals before High
Court – By the impugned judgment, High Court dismissed
landowners appeals and allowed the State’s appeals and restored
the award passed by the Land Acquisition Collector and the amount
of compensation  reduced between Rs. 166/- per square yard to Rs.
200/- per square yard – Hence instant appeals by the original
landowners – Held:  It is not in dispute that so far as the State
Government is concerned, the State did not challenge the common
judgment dated 31.05.2014 passed by the Reference Court assessing
the market value of the acquired land at Rs. 1,000/- per square
yard and it was the landowners who preferred appeals before the
High Court for enhancement of the amount of compensation – Non-
filing of the appeals by the State against the common judgment dated
31.05.2014 was also taken note of by this Court while disposing of
[2022] 14 S.C.R. 1022
1022
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the appeals by common judgment dated 16.05.2018 –  Even
otherwise, on a fair reading of the judgment and order dated
16.05.2018 passed by this Court and the subsequent order dated
28.08.2019 passed by the High Court, the matter was remanded to
the Reference Court to consider the sale deeds for the purpose of
enhancement of the amount of compensation, while considering the
sale deeds relied upon by the landowners – In any case, once the
judgment and order passed by the Reference Court dated 31.05.2014
determining the compensation at Rs. 1,000/- per square yard attained
finality so far as the State is concerned, the landowners shall be
entitled to the compensation at least at Rs. 1,000/- per square yard
– Now so far as the submission on behalf of the original landowners
to enhance the amount of compensation beyond Rs. 1,000/- per
square yard is concerned, most of the sale deeds relied upon by the
landowners were much prior to the date of s.4 notification (ranging
between 1992 to 1994) – Some of the sale deeds were post s.4
notification – Only three to four sale deeds were nearer to s.4
notification – However, all those sale deeds were with respect to
small area of lands and even the price is also at variance – Therefore,
it was not safe to determine the compensation relying upon those
sale deeds which are nearer to s.4 notification – The claimants/
landowners entitled to compensation of the acquired land at least
at Rs. 1,000/- per square yard.
Partly allowing the appeals, the Court
HELD: 1. The landowners shall be entitled to the
compensation considering the market value of the acquired land
at least at Rs. 1,000/- per square yard as per the earlier judgment
and order dated 31.05.2014 passed by the Reference Court. It is
not in dispute that so far as the State Government is concerned,
the State did not challenge the common judgment and order dated
31.05.2014 passed by the Reference Court assessing the market
value of the acquired land at Rs. 1,000/- per square yard and it
was the landowners who preferred appeals before the High Court
for enhancement of the amount of compensation. Non-filing of
the appeals by the State against the common judgment and order
dated 31.05.2014 was also taken note of by this Court while
disposing of the

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