WAZIR & ANR. versus STATE OF HARYANA

Citation: [2019] 2 S.C.R. 571 · Decided: 11-01-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Disposed off

Cited by 4 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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571
WAZIR & ANR.
v.
STATE OF HARYANA
(Civil Appeal Nos. 264-270 of 2019)
JANUARY 11, 2019*
[UDAY UMESH LALIT AND
DR. DHANANJAYA Y CHANDRACHUD, JJ.]
Land Acquisition Act, 1894:
s. 23 – Compensation – Claim of – Fixation of market value
of the acquired land – On facts, in the year 2002, around 1500
acres of land acquired from different villages for public purpose of
development of Industrial Township, Manesar, Gurgaon by three
notifications – Award of compensation to land owners for different
types of lands – Two sets of villages given differential treatment –
Challenge to, by land owners – Reference Court relying on the
decision in Pran Sukh case enhanced the compensation – Thereafter,
in the pending applications, Reference Court enhanced the
compensation at the rate of 12% p.a. taking the base rate to be Rs.
20 lakhs per acre as on 1994, in terms with the Pran Sukh case –
Compensation awarded at the same rate for all kinds of land – In
appeal, the High Court relying on the exemplar, computed the figures
by giving cumulative enhancement at the rates of 12% and 15%
over the base rate of Rs.20 lakhs per acre and applying cut of 10%
and 20% – Compensation assessed at Rs.41.40 lakhs per acre in
respect of lands acquired in villages – Compensation in village
Manesar assessed after giving 50% enhancement at Rs.62.10 lakhs
per acre – As regards land held by K additional component of 30%
also awarded on account of severance charges, over and above
the rate of Rs.62.10 lakhs per acre – On appeal, held: On basis of
documents on record, sale deeds, three methods-Method no.1,
Method no.2 and Method no.3, the market value for the lands in
Naharpur Kasan and Kasan would be Rs. 39,54,666/- per acre,
the market value of lands from villages Bas Kusla, Bas Haria and
Dhana would be Rs. 29,77,333/- per acre and in respect of village
Manesar, the market value would be Rs. 59,31,999/- per acre – In
addition all statutory benefits would be payable – However, K would
not be entitled to any severance charges.
*With modifications as set out in Para 9 of Order dated 08.02.2019 passed in M.A. No.
299 of 2019 in CA Nos. 264-270 of 2019.
[2019] 2 S.C.R. 571
571
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572                    SUPREME COURT REPORTS            [2019] 2 S.C.R.
Disposing of the appeals, the Court
HELD: 1.1 In the instant case, the sale deeds Exts.P1, P2
and P3 relied upon by the landholders pertained to lands from
villages Bas Kusla and Dhana and were of the year 1997 that is
after the acquisition was initiated in Pran Sukh’s case. The
maximum value per acre in these villages was Rs.8 lakhs per
acre and that too with respect to smaller plots. The sale deeds
Exts.P4, P6, P8 and PY however pertained to lands coming from
villages Naharpur Kasan and Kasan. Ext.PY dated 28.04.2004
was much after the acquisition was initiated in the instant case.
Secondly, as found by the High Court, there was construction
and CLU was also obtained in relation to land in Ext. PY. For
these reasons the High Court had rightly ruled out said
transaction. At the same time Ext.P4 was also after the acquisition
in the instant case was initiated and pertained to a small plot of
land.  Out of these four sale deeds, Ext.P8 is prior in point of
time so far as the instant acquisition is considered and was
therefore rightly relied upon as the most appropriate exemplar
by the High Court. If the value in Ext.P8 is compared with the
maximum value under Exts.P1, P2 and P3 there is a marked
difference. This difference is again consistent with the valuation
that was accepted by the Sub-Divisional Officer cum Land
Acquisition Collector.  Since major part of the land under
acquisition that is more than 2/3rds is from villages Bas Kusla,
Bas Haria and Dhana, one way of assessing the correct value of
compensation is to treat these three villages on one side while
other three villages on the other side. However, not only the
Reference Court but the High Court on three different occasions
had considered all these villages together and applied the same
rate of compensation. The base rate was initially taken by the
Reference Court to be Rs.15 lakhs in terms of the decision of
the High Court in Pran Sukh’s case and later to be Rs.20 lakhs
as per the decision of this Court. The High court on all three
occasions had based its assessment taking base rate in Pran Sukh’s
case to be the starting point. The sale deeds Exts.P1, P2 and P3
indicate that even after the initiation of acquisition in Pran Su

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