LexUNION OF INDIA versus HARINDER PAL SINGH AND ORS.
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UNION OF INDIA v. HARINDER PAL SINGH AND ORS. OCTOBER 26, 2005 (ASHOK BHAN AND AL TAMAS KABIR, JJ.) Land Acquisition Act, 1894-Sections 4, 6-Market value of the land- Determination of-Held, may be determined by taking market value of land acquired during same period as a comparative unit. For extension of the Cantonment at Amritsar, five villages comprising an area 3512.33 acres were acquired. The Collector passed award at different rates of compensation after classifying the acquired lands into four categories. Claimants sought ~nhancement of compensation before the District Court who A B c by following the belting method, enhanced and fixed market value at uniform D rate for each belt irrespective of quality of lands. The High court abandoned the belting method and held that the lands comprised in the adjoining village of Kala Ghanu Pur which had been acquired during same time were valued uniformly at Rs. 40,000 per acre, and hence same has to be taken as comparable units for the lands involved in the instant E appeals. Union of India filed these appeals challenging the judgment of High Court Dismissing the appeals, the Court HELD I.I. The High court took a pragmatic approach in fixing the F market value of the lands forming the subject matter of the acquisition proceedings at a uniform rate. From the sketch plan of the area in question, it appears that while the lands in question are situated in five different villages, they can be consolidated into one single unit with little to choose between one stretch of land and another. The entire area is in a stage of development and G the different villages are capable of being developed in the same manner as the lands comprised in Kala Ghanu Pur where the market value of the acquired lands was fixed at a uniform rate of Rs. 40,000/- per acre. The High Court discarded the belting method of valuation having regard to the local circumstances and features and no cogent ground has been made out to 669 fl 670 SUPREME COURT REPORTS [2005) SUPP. 4 S.C.R. A interfere with the same. (675-C-E] Union of India and Anr. v. Ram Phool and Anr. (2003) 10 SCC 167, referred to. 1.2. In the absence of any contemporaneous document, the market value B of the acquired lands of village Kala Ghanu Pur which were acquired at the same time as the lands in the other five villages was correctly taken to be a comparative unit for determination of the market value of the lands forming the subject matter of the acquisition proceedings under consideration. (675-F( C Ranvir Singh and Anr. v. Union of India, (2005) 7 Scale 238, referred to. 2. As far as the benefits under Section 23 (1-A) of the Act are concerned, the same will be confined to the lands comprised in village Kathania D and Wadala Bhitewad only where the CoUector made his award after 30th April, 1982. (675-G( CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 3343-3554 of 1999. From the Judgment and Order dated 15.10.96 of the Punjab and Haryana E High Court in L.P.A. Nos. 729/85, 242/86, 623/90, 684/85, 722-728, 730-736, 738- 743, 758, 759, 762, 763, 764, 772, 902-907, 760, 685 and 744/85, R.F.A. Nos. 73/ 88, 103/89, 110-120,214,215,216,219-221,249-262,268,264,266,267,307-309, 410, 411, 424, 430-437, 456, 539-543, 909, 911/88, 1372-1375/89, 1412-1417, 1419- 1430/88, 1897/91, 2017, 1418/88, 1526/88, 2138 •. 2143, 2157, 2159-2164, 2166- F 2110, 2112, 2174-2177, 2182, 2183, 2191, 2192/89, 2195/M/89, 2197-2231, 2233_ 2259/89, 84/89 and 1063 of 1988. G WITH C.A. Nos. 2640-2642, 3309-3340, 3341-3342, 3555, 3556-3586/99, 5163/ 2002, 3009-3017, 3057-3059, 3152-3180, and 3060-3061 of2003. R.Mohan, Additional Solicitor General, Ms. Indra Sawhney, S.W.A. Qadri, Mrs. Anil Katiyar, M.P.S. Tomar, S.A. Mattoo, R. Nedumaran and B.V. Bairam Das for the Appellant. P.C. Jain, Neeraj Jain, Vimal Chandra S. Dave, Mrs. Neelam Kalsi, H Sudarshan Goel, R.K. Joshi, P.N. Puri, Dinesh Verma and Ms. Suresh Kumar, U.0.1. v. HARINDER PAL SINGH [AL TAMAS KABIR. J.) 671 for A.P. Mohanty for the Respondents. The Judgment of the Court was delivered by ALTAMAS KABIR, J. Applications for substitution in Civil Appeal Nos. 3010/03,3152-80/03 and in 3343-3554/99 are allowed. A B All these appeals relate to the acquisition of 3512.33 acres of land comprised in five villages, namely, Hamidpur, Gumanpura, Khurmania, Kathania and Wadala Bhitewad pursuant to several notifications dated 1st June, 1977, 22nd
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