LexRAM KISHAN (SINCE DECEASED) THROUGH HIS LRS ETC. versus STATE OF HARYANA & ORS.
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[2025] 4 S.C.R. 2563 : 2025 INSC 441 Ram Kishan (Since Deceased) Through His Lrs Etc. v. State of Haryana & Ors. (Civil Appeal No(s). 4772-4773 of 2025) 03 April 2025 [B.R. Gavai and K.V. Viswanathan,* JJ.] Issue for Consideration Whether the Appellants, landowners of Village Dharuhera, Haryana, whose lands were acquired under the Land Acquisition Act, 1894, by a notification dated 12.12.2008 are entitled to compensation at a higher rate—on par with the compensation awarded for similarly situated lands in adjoining villages, acquired under a later notification dated 13.05.2010, where the compensation was enhanced vide judgments in BESCO and M/s Habitat Estates. Headnotes† Land Acquisition Act, 1894 (LA Act) – Land acquired for development and utilization of institutional sector in Dharuhera village, Haryana – Market value determined by Land Acquisition Collector (LAC) challenged – Reference Court enhanced the compensation – High Court vide impugned judgment, for reasons different from those recorded by Reference Court, maintained award as ordered by Reference Court – Impugned judgment set aside – Reasoning given by High Court to rely only on one exemplar not satisfactory – Lands acquired in adjoining villages are comparable – Compensation enhanced – Principle of de-escalation applied – Appeals partly allowed. Appellants’ land acquired for development and utilization of Institutional Sector 5A under the Haryana Urban Development Authority Act, 1977 in Dharuhera village in Haryana – Section 4, LA Act, notification issued on 12.12.2008 – Section 6, LA Act, declaration issued on 11.12.2009 – LAC determined market value at Rs. 21,00,000/- per acre – Appellants filed reference for appropriate enhancement under LA Act, Section 18 – Reference Court enhanced the compensation, relying on award in acquisition vide notification dated 13.05.2010 in adjoining village of Malpura for development of industrial sectors 15, 16 and 17 of Dharuhera – Considering the difference of 17 * Author 2564 [2025] 4 S.C.R. Supreme Court Reports months in date of two notifications, Reference Court applied de- escalation of 12% and awarded compensation of Rs. 55,71,010/- per acre – High Court in impugned judgment found that Reference Court erred in placing reliance on the award in Malpura village as no evidence to prove that the acquired land in village Malpura vide notification dated 13.05.2010 was comparable in its geographical location, valuation and other factors – Reference Court also faulted for not considering sale deeds produced by parties which reflected a price lesser than the amount offered by the LAC – High Court relied on one exemplar Exh. PW4/D dated 02.05.2006 and rejected the other sale deeds – Confirmed judgment of Reference Court for reasons different from the one adduced by the Reference Court – Aggrieved landowners filed Appeals: Held: Lands of villages Malpura and Kapriwas acquired under the notification of 18.05.2010 and lands of Appellants herein acquired by notification of 12.12.2008 – Purpose of acquisition in both matters development and utilization for sectors in Dharuhera (institutional and industrial respectively) – Villages are adjoining – Acquired lands under notifications of 12.12.2008 and 13.05.2010 on two sides of the NH-8 Jaipur-Delhi Highway – Vast difference in prices in exemplar of sale deeds relied upon by the Appellants and the State – High Court rejected all, except Exh. PW4/D – Reasoning given by High Court to only rely on PW4/D not satisfactory – Reasoning given by High Court that no evidence to prove that the acquired lands in village Malpura was comparable with the then geographical location, and other factors of the Appellants’ lands bereft of merit – Map indicates the proximity of the lands – Reference Court rightly recorded that villages were adjoining and the acquisition was all part of development of sectors in Dharuhera – Reliance to be placed on the value of the land arrived at in BESCO wherein compensation awarded with respect to lands acquired in village Malpura vide notification dated 13.05.2010 and village Kapriwas was enhanced – Rs. 1,49,14,975 per acre to be treated as base value for the Appellants’ lands – Appropriate percentage of de-escalation and appropriate reduction for change of land use charges to be provided for – De-escalation @ 12% p.a. for one year and for remaining five months an additional 6% on the base value – Ad
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