THE STATE OF PUNJAB versus HARCHAL SINGH (DEAD) THROUGH LRS.

Citation: [2006] SUPP. 2 S.C.R. 868 · Decided: 23-05-2006 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Dismissed
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Judgment (excerpt)

A 
THE ST A TE OF PUNJAB 
v. 
HARCHAL SINGH (DEAD) THROUGH LRS. 
MAY 23, 2006 
B 
[DR. AR. LAKSHMANAN AND LOKESHWAR SINGH PANTA, JJ.] 
c 
D 
E 
F 
Land Acquisition Act-Section 4-"Chahi" land situated in village 
acquired for public purpose-High Court f1Xed compensation at Rs. I, 7 5, 000 
per acre--Challenge to-Held: On facts, reason given by High Court while 
awarding compensation was cogent and convincing-Compensation awarded 
could not be characterized as excessive-Hence interference by this Court 
not warranted 
In 1981, vide a notification issued under Section ·4 of the Land 
Acquisition Act, "Chahi" land situated in a village was acquired for 
expansion of an Industrial Focal Point. The land in question was quite 
close to a developed colony. The Land Acquisition Officer awarded 
Rs. 85,000 per acre for the said land. The District Judge maintained the 
award. High Court, in appeal, however raised the compensation to 
Rs. 1,75,000 per acre by taking into consideration a sale transaction in 
respect of a very small size of plot in the developed colony. Hence the 
present appeals. 
Dismissing the appeals, the Court 
HELD: 1.1. The High Court awarded a sum of Rs. 1,75,000 per 
acre by taking into consideration the sale dated 12.1.1978 of a land of 
407 sq. yds. The sale price for the said land was Rs. 23,635 and the price 
per acre comes to Rs. 2,81,065. The High Court taking into consideration 
the said sale transaction pertaining to 407 sq. yds. for Rs. 23,635 and 
that it was in a developed colony reduced the compensation amount 
from Rs. 2,81,065 per acre to Rs. 1,40,532.50 per acre. It applied 50 per 
G cent cut keeping in view the submissions of the State that the High Court 
should not grant the same amount of compensation for the acquired 
li-.nd because the sale transaction, which the High Court took into 
consideration, related to a very small size of plot and that too in a 
developed colony. The High Court keeping in view the long period, 
H awarded a further enhancement of Rs. 35,000 per acre, which according 
868 
STATE v. HARCHAL SINGH [LAKSHMANAN, J.] 
869 
to it met the ends of justice. [871-B-E) 
1.2. The reasons given by the High Court in fixing the compensation 
at Rs. 1,75,000 per acre is cogent and convincing. The compensation 
awarded cannot at all be characterised as excessive or on the high side. 
Since the High Court has awarded the compensation at Rs. 1,75,000 per 
acre in the peculiar facts and circumstances of the case, this Court does 
not propose to interfere with the said award. This apart, Section 4(1) 
Notification was issued in the year 1981 and the special leave petitions 
were filed in this Court in the year 1989 and the leave was granted in 
the year 1999 and the appeal is being disposed off now in the year 2006, 
which is only due to "Laws Delays" and that the delay is not attributable 
to any one. (871-F-G) 
l.3. Further, the claimant shall also be entitled to all other statutory 
benefits under the amended provisions of the Land Acquisition Act as 
contained in Sections 23(1A), 23(2) and 28 of the Act. The High Court 
A 
B 
c 
has also awarded cost of the appeal to the claimants which is affirmed. 
D 
(872-A) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3890-3891 
of 1999. 
From the Judgment and Order dated 18.1.1989 of the High Court of 
Punjab and Haryana at Chandigarh in R.F.A. Nos. 2853/1986 and 82/87. 
H.M. Singh, Kaushal Yadav, Anil Hooda, Ms. Shabana Saifil and Arun 
K. Sinha, Advs. for the Appellant. 
Nikhil Goel for Mrs. Sheela Goel, Adv., for the respondents. 
The Judgment of the Court was delivered by 
DR. AR. LAKSHMANAN, J. : Heard Mr. H.M. Singh, learned 
counsel for the appellant and Mr. Nikhil Goel, learned counsel for the 
respondent. The matter relates to the acquisition of the land owned by the 
respondent for public purpose. Notification under section 4 of the Land 
Acquisition Act was issued on 4.2.1981 for the acquisition of the land in 
question situate in village Kambali, Tehsil Kharar, District Ropar for the 
purpose of expansion oflndustrial Focal Point Mohali. The Land Acquisition 
E 
F 
G 
H 
870 
SUPREME COURT REPORTS [2006] SUPP. 2 S.C.R. 
A 
Officer by its award dated 22.12.1983 awarded a sum of Rs.85,000 per acre 
for Chahi land. We are concerned only with Chahi land in these appeals and 
not other lands. On 2.9.1986, the District Judge maintained the award of 
Rs.85,000 per acre as regards Chahi land was concerned. The matter was 
taken up
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