STATE OF HARYANA & ANR. versus SUBHASH CHANDER & ORS.

Citation: [2023] 1 S.C.R. 443 · Decided: 10-02-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed
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Judgment (excerpt)

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STATE OF HARYANA & ANR.
V.
SUBHASH CHANDER & ORS.
(Civil Appeal Nos. 859 - 899 of 2023)
FEBRUARY 10, 2023
[M. R. SHAH AND C.T. RAVIKUMAR, JJ.]
Land Acquisition Act, 1894 – Compensation – Just
compensation –Determination of – Acquisition of land for public
purpose – High Court awarded compensation for lands acquired
vide notification dated 13.01.2010 at Rs.2,98,54,720/- per acre with
all statutory benefits – Whether while determining compensation,
the High Court materially erred in taking into consideration and/or
relying upon the earlier judgment of Supreme Court in State of
Haryana Vs. Ram Chander which awarded Rs.2,38,00,000/- per acre
for lands acquired vide notification dated 25.01.2008 and then
granting a cumulative increase of 12 % – Held: In its’ said earlier
decision, Supreme Court determined compensation at
Rs.2,38,00,000/- per acre with the specific observation that the
judgment may not be treated as a precedent – However, even on
merits also, the Supreme Court considered and accepted sale
instances produced on behalf of land owners ranging between 2007
and 2008 – Therefore, as such determination of compensation at
Rs. 2,38,00,000/- per acre with respect to land acquired vide
notification issued on 25.01.2008 can be said to be the base and
considering the time gap between 2008 notification and 2010
notification, a suitable enhancement ranging between 8% to 15 is
permissible – In the facts and circumstances of the case and
considering the sale instances produced on record, instead of 12%
enhancement on Rs.2,38,00,000/- a 10% increase can be said to be
just compensation and may meet the ends of justice – In that view
of the matter, market value for the lands acquired vide notification
dated 13.01.2010 will be at Rs. 2,87,98,000/- per acre – Land
owners concerned accordingly entitled to compensation at Rs.
2,87,98,000/- per acre with all other statutory benefits available
under the Land Acquisition Act, 1894.
   [2023] 1 S.C.R. 443
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SUPREME COURT REPORTS
[2023] 1 S.C.R.
Pehlad Ram v. HUDA (2014) 14 SCC 778 and Ramrao
Shankar Tapsevs Maharashtra Industrial Development
Corporation & Ors. (2022) 7 SCC 563 – relied on.
Case Law Reference
(2022) 7 SCC 563
relied on
Para 5.2
(2014) 14 SCC 778
relied on
Para 6
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 859-
899 of 2023.
From the Judgment and Order dated 18.10.2019 of the High Court
of Punjab and Haryana at Chandigarh in RFA Nos.1100, 1215, 1611,
1612, 1613, 1614, 2455, 2456, 2869, 3332, 3333, 3334, 3360, 3361, 4731,
5589, 5726, 6360 of 2013, 1021, 1022 of 2014, 2350, 7075, 7103 of 2015,
224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238,
309, 732 and 1158 of 2016.
With
Civil Appeal No.900 of 2023.
Nikhil Goel, Sr. AAG, Dr. Monika Gusain, Gagan Gupta, Siddharth
Mittal, Kshitiz Chauhan, Ms. Shilpa G. Mittal, Ms. Manju Jetley, Vishnu
Kant, Pravin Bahadur, Amir Agarwal, Saurabh Kumar, Ms. Kanika
Gomber, Anjani, Pardeep Dahiya, Ms. Mahima Benipuri, Atri Roy
Chowdhary, Abhay, Deepak Goel, 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 18.10.2019 passed by the High Court of Punjab
and Haryana at Chandigarh in Regular First Appeal (RFA) No. 1100/
2013 and other allied first appeals, by which, the High Court has allowed
the said first appeals in part preferred by the original land owners and
has enhanced the amount of compensation for the lands acquired at
Rs. 2,98,54,720/- per acre with all other statutory benefits, the State of
Haryana has preferred the present appeals.
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2. The facts leading to the present appeals in a nutshell are as
under: -
2.1 That approximately 58 acres of large chunk of lands situated
at village Kherki, Majra came to be acquired for the public purpose
under the provisions of the Land Acquisition Act, 1894. The land
acquisition officer declared the awards. At the instance of the original
land owners, references under Section 18 of the Act, 1894 were made.
The reference court enhanced the compensation for notification dated
13.01.2010 to Rs. 1,56,24,000/- per acre from Rs. 60 lakhs per acre as
awarded by the land acquisition officer. The appeals preferred by the
State against the judgment and award passed by the reference court
determining the compensation at Rs. 1,56,24,000/- came to be dismissed.
However, by the impugned judgment an
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