LexUNION OF INDIA versus HARPAT SINGH & ORS.
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(2009] 9 S.C.R. 705 UNION OF INDIA ,V. HARPAT SINGH & ORS. (Civil Appeal No. 2367 of 2006) MAY 12, 2009 [S.8. SINHA AND CYRIAC JOSEPH, JJ.] Land Acquisition Act, 1894: A B ss. 4 and 23 - Acquisition of agricultural land for C development of Delhi - Notifications uls 4 issued on 9.4.1979, 17.11.1980 and 21.7.1987 - HELD: Compensation having been determined by Supreme Court in respect of lands acquired under Notifications dated 17. 11. 1980 in respect of three of the villages at Rs. 76. 55 per sq. yard, · D \ compensation for lands of village in question acquired under Notification dated 17.11.1980 is also determined at Rs. 76.55 per sq. yard - For lands acquired under Notification dated 9.4.1979, 10% to be deducted from the said amount and that for lands acquired under Notification dated 21. 7. 1987 E compensation to be increased by 10% per year.1 A large tract of agricultural lands situate in villages Chilla Saroda, Gharoli, Kondly and Dallupura was acquired for development of Delhi, as per Notifications ul s 4 of the Land Acquistion Act, 1894 issued on 17.11.1980. F In respect of a few cases Notifications uls 4 were issued .on 9.4.1979 and 21.7.1987. The Land Acquisition Collector awarded compensation at the rates of Rs. 8000/ - per bigha to Rs. 90001- per bigha. The reference court enhanced the compensation to Rs. 23,0001- per bigha for G the lands of Gharoli village and Rs. 76,550/- per bigha for the lands of Kondli and Dallupure villages. It, however, maintained the compensation of Rs. 8000/- per bigha for 705 H 706 SUPREME COURT REPORTS [2009] 9 S.C.R. A the lands of village Chilla Saroda Bangar. The High Court further enhanced the comp.ensation to Rs. 76,550/- per bigha for the lands of Gharoli village and Rs.3,45,000/- for the lands of Kondli, Dallupura and Chilla Saroda villages. The Supreme Court by its judgment in Karam Singh's s case1 maintained the compensation ,of Rs. 76,550/- per bigha as awarded by the High Court for village Gharoli but reduced the compensation from Rs. 3,45,000/- per bigha as awarded by the High Corut for landsin villages Kondli and Dallupura to Rs. 76,550/- per bigha by its c judgment in Bali Ram Sharma's case2• The instant appeals filed by the Union of India are against the judgment of the High Court awarding compensation at the rate of Rs. 3,45,000/- per bigha for the lands of Village Chilla Saroda Bangar. D Disposing the appeals, the Court HELD: 1.1. By reason of the notification a large number of persons were affected. Most of them, however, were satisfied with the amount of compensation E received by them. Only 103 persons filed claim petition pursuant to the notices issued to them u/ss 9 and 10 of the Land Acquisition Act, 1894. Only five of the said 103 claimants, had filed deeds of sale. The rate at which lands were sold in terms of the deeds of sale relied upon by F some of the claimants in support of their claims ranged from Rs.3376/- to Rs.9970/- per bigha. The transactions in respect of all those lands indisputably were entered into after the notification. However, keeping in view the facts and circumstances of the case and the materials G brought on record, the Land Acquisition Collector opined that amount of compensation for the lands in the village H 1. Karan Singh & Ors. Union of India (1997) 8 SCC 186. 2. Delhi Development Authority v. Bali Ram Shanna & Ors. [(2004) 6 SCC 533. /. + UNION OF INDIA v. HARPAT SINGH & ORS. 707 4 in question should be determined at the rate of Rs. 8,0001 A - per bigha apart from the other amount payable to the claimants under the statute. The referenc court did not interfere with the said award. It was only the High Court which relying upon Ratan Lal's case interfered therewith and determined the fair market value at Rs. 345 per square B yard. Contention that Ratan Lal has attained finality and no appeal was preferred thereagainst does not appear to t. be correct. Ratan Lal also came up for consideration before this Court and disposed of along with Bali Ram Sharma. [Para 20 and 21] [720-G-H; 721-A-D, F-G] c 1.2. In view of Karan Singh and Bali Ram Sharma, the minimum amount of compensation which must be paid should be determined at Rs. 76.55 per square yard. The High Court proceeded to determine the amount of 0 compensation not on the basis of the development work carried out in Delhi but in NOIDA as those three villages are closer to
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