Case Note & Summary
The Supreme Court adjudicated a batch of twenty-seven appeals arising from land acquisition proceedings in Haryana. Sixteen appeals pertained to acquisition in village Dharuhera under a Section 4 notification dated 12.12.2008 for Institutional Sector 5A under the Haryana Urban Development Authority Act, 1977. The Land Acquisition Collector awarded Rs. 21,00,000/- per acre based on the Divisional Level Land Rate Fixation Committee report. The Reference Court enhanced compensation to Rs. 55,71,010/- per acre. The High Court, by judgment dated 20.09.2022, maintained the award for reasons different from the Reference Court and dismissed both the appeals of the land losers and the State. The land losers appealed to the Supreme Court. The Court noted that eleven matters were directly covered by its earlier judgments in BESCO Ltd. vs. The State of Haryana and M/s Habitat Estates Pvt. Ltd. vs. The State of Haryana, which enhanced compensation to Rs. 1,49,14,975/- per acre. For the remaining sixteen appeals concerning Dharuhera village, the Court found that the High Court had erred in not considering exemplar sale deeds and other evidence. The Court allowed the appeals, set aside the High Court's judgment, and directed that the land losers be entitled to compensation at the rate of Rs. 1,49,14,975/- per acre along with all statutory benefits, including solatium, additional market value, and interest under Sections 23 and 28 of the Land Acquisition Act, 1894. However, the Court denied interest for the period of delay in filing/refiling the appeals. The judgment was delivered by Justice K.V. Viswanathan.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Sections 4, 6, 18, 23 - The Supreme Court allowed appeals of land losers, enhancing compensation from Rs. 55,71,010/- per acre to Rs. 1,49,14,975/- per acre for acquisitions under Section 4 notification dated 12.12.2008 in village Dharuhera, relying on exemplar sale deeds and previous judgments in BESCO Ltd. and M/s Habitat Estates Pvt. Ltd. - Held that the High Court erred in not considering the exemplar sale deeds and that the land losers are entitled to enhanced compensation with statutory benefits, but no interest for the period of delay in filing/refiling (Paras 4-7).
Issue of Consideration
Whether the High Court erred in maintaining the Reference Court's award of Rs. 55,71,010/- per acre for land acquisition in Dharuhera village, and whether the appellants are entitled to enhanced compensation based on exemplar sale deeds.
Final Decision
The Supreme Court allowed the appeals, set aside the High Court's judgment, and directed that the land losers be entitled to compensation at the rate of Rs. 1,49,14,975/- per acre along with all statutory benefits, including solatium, additional market value, and interest under Sections 23 and 28 of the Land Acquisition Act, 1894. However, no interest for the period of delay in filing/refiling the appeals.
Law Points
- Land Acquisition
- Compensation Enhancement
- Market Value Determination
- Exemplary Sale Deeds
- Deduction for Development
- Interest on Delayed Filing
