Supreme Court - Daily Orders
Omkar Singh vs State Of Haryana & Ors.Etc.Etc. on 20 January, 2015
Author: Chief Justice
Bench: Chief Justice, A.K. Sikri, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 727-800 OF 2015
(Arising out of S.L.P.(C) Nos.10285-10358
of 2011)
Omkar Singh & Ors. ...Appellant(s)
Versus
State of Haryana & Ors Etc. Etc. ...Respondent(s)
WITH
CIVIL APPEAL NO. 801-811 OF 2015
(Arising out of SLP(C) Nos. 10362-10372 of 2011)
CIVIL APPEAL NO. 812-821 OF 2015
(Arising out of SLP(C) Nos. 10374-10383 of 2011)
CIVIL APPEAL NO. 822-886 OF 2015
(Arising out of SLP(C) Nos.10406-10470 of 2011
CIVIL APPEAL NO. 887-897 OF 2015
(Arising out of SLP(C) Nos. 10480-10490 of 2011)
CIVIL APPEAL NO. 898-908 OF 2015
(Arising out of SLP(C) Nos. 11411-11421 of 2011)
CIVIL APPEAL NO. 909-989 OF 2015
(Arising out of SLP(C) Nos. 11422-11502 of 2011)
CIVIL APPEAL NO. 990-1000 OF 2015
Signature Not Verified
(Arising out of SLP(C) Nos. 12044-12054 of 2011)
Digitally signed by
Charanjeet Kaur
Date: 2015.01.29
13:13:23 IST
Reason:
CIVIL APPEAL NO. 1001-1005 OF 2015
(Arising out of SLP(C) Nos. 14449-14453 of 2011)
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CIVIL APPEAL NO. 1006-1044 OF 2015
(Arising out of SLP(C) Nos. 15314-15352 of 2011)
CIVIL APPEAL NO. 1045 OF 2015
(Arising out of SLP(C) No. 15353 of 2011)
CIVIL APPEAL NO. 1046-1053 OF 2015
(Arising out of SLP(C) Nos. 19439-19446 of 2011)
CIVIL APPEAL NO. 1054-1069 OF 2015
(Arising out of SLP(C) Nos. 19447-19462 of 2011)
CIVIL APPEAL NO. 1070 OF 2015
(Arising out of SLP(C) No. 25485 of 2011)
CIVIL APPEAL NO. 1071-1073 OF 2015
(Arising out of SLP(C) Nos. 8108-8110 of 2013)
CIVIL APPEAL NO. 1074-1076 OF 2015
(Arising out of SLP(C) Nos. 22134-22136 of 2013)
O R D E R
1. Delay, in filing the application(s) for substitution, if any, is condoned.
2. Application(s) for substitution, if any, is/are allowed.
3. Delay, in filing special leave petition(s) if any, is/are condoned.
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4. Leave granted.
5. Since the facts involved in all these appeals are identical, for the sake of convenience, this Court would notice the facts only in the Civil Appeal(s) arising out of SLP(C) Nos. 10285-10358 of 2011.
Civil Appeal Nos. 727-800 of 2015 (Arising out of SLP(C) Nos. 10285-10358 of 2011)
6. The claimants, aggrieved by the judgment(s) and order(s) passed by the High Court of Punjab & Haryana at Chandigarh, passed in a batch of Regular First Appeals, dated 23.08.2010, are before us in these appeals. In the said batch of regular first appeals, the High Court has disposed of the matters by relying upon the reasons in its main judgment and final order in R.F.A. No. 3323 of 2005, dated 23.08.2010.
7. The facts in brief are: The lis pertains to the acquisition of 8,789 Kanals and 11 marlas of land in nine villages being village Chirhara, 4 Jaliawas, Suthani, Rudh, Asalwas, Pathuhera, Suthana, Banipur and Jalalpur, all situated in District Rewari, Haryana. The State of Haryana issued notification under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), to acquire the said land for the public purpose of development as an Industrial Growth Centre at Bawal, dated 10/12.9.1992. This was followed by notification, issued under Section 6 of the Act, dated 03.09.1993.
Acquisition regarding village Chirahara
8. The Land Acquisition Collector (for short, “the Collector”) vide two separate awards, assessed compensation at the rate of Rs. 1,10,000/- per acre for Chari and Gair Mumkin kind of land; Rs. 85,000/- per acre for Barani land; Rs. 1,25,000/- per acre for land near road on National Highway No. 71 (Rewari-Bawal road) and Rs. 2,00,000/- per acre upto depth of two acres on national Highway No. 8, dated 12.08.1995 and 5 25.08.1995.
9. Dissatisfied with the award of the Collector, the land owners filed objections and sought for a reference under Section 18 of the Act. The learned Reference Court assessed the market value of the acquired land at the rate of Rs.4,80,000/- per acre for the land falling upto the depth of 500 meters on National Highway No. 8 and 71 and Rs. 3,20,000/- per acre for the land beyond 500 meters on both sides of National Highway No. 8 as well as State Highway (Rewari-Bawal road) for all types of land. Acquisition regarding village Jaliawas
10. The collector assessed compensation at the rate of Rs. 80,000/- per acre for Chahi Kind of land; Rs. 60,000/- per acre for Barani land; Rs. 40,000/- per acre for Banjar kind of land; Rs. 1,10,000/- per acre for Gair Mumkin land; Rs. 2,00,000/- per acre for land on National Highway 6 No. 8 and Rs. 1,50,000/- per acre on Rewari-Bawal Road, vide award dated 16.06.1994.
11. Dissatisfied with the award of the collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the acquired land at the rate of Rs. 3,30,000/- per acre for the land falling upto the depth of 500 meters on National Highway No. 8 and 71 and Rs. 2,00,000/- per acre for the land beyond 500 meters on both sides of National Highway No. 8 as well as State Highway (Rewari-Bawal road) for all types of land.
Acquisition regarding village Suthani
12. The Collector assessed compensation at the rate of Rs. 80,000/- per acre for Chahi kind of land; Rs. 60,000/- per acre for Barani land; Rs. 40,000/- per acre for Banjar kind of land and Rs. 1,10,000/- per acre for Gair Mumkin land, vide 7 award dated 09.06.1994.
13. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the acquired land at the rate of Rs. 2,00,000/- per acre for all types of land.
Acquisition regarding village Rudh
14. The Collector assessed compensation at the rate of Rs. 90,000/- per acre for Chahi Land; Rs. 1,40,000/- per acre for Gair Mumkin land and Rs. 2,00,000/- per acre for the land falling upto two acres on national Highway No. 8, vide his award dated 25.08.1995.
15. Dissatisfied with the award of the collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the acquired land at the rate of Rs. 4,00,000/- per 8 acre upto 500 meters on both sides of National Highway No. 8 and Rs. 3,00,000/- per acre for the remaining land.
Acquisition regarding villages Aswalwas, Pathuhera and Suthana
16. The Collector, vide different awards, assessed the market value of the acquired land for Asalwas village as Rs. 90,000/- per acre for Chahi land; Rs. 85,000/- per acre for Barani land, Rs.55,000/- per acre for Bhood land, Rs. 1,35,000/- per acre for Gair Mumkin land, Rs. 2,00,000/- per acre for land on National Highway No. 8 upto two acres. For the land acquired in village Pathuhera, Rs. 80,000/- per acre for Chahi land Rs. 70,000/- per acre for Barani land, Rs. 2,00,000/- per acre for land on National Highway No. 8 upto two acres was awarded. For the land acquired in village Suthana, Rs. 80,000/- per acre for Chahi land; Rs. 60,000/- per acre for Barani land, Rs. 40,000/- per acre for Banjar land and Rs. 1,10,000/- per acre for Gair Mumkin land, 9 Rs. 2,00,000/- per acre for land on National Highway No. 8 upto two acres and Rs. 1,25,000/- per acre for the land on Rewari-Bawal road was awarded.
17. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the acquired land at the rate of Rs. 3,00,000/- per acre for the land upto the depth of 500 meters on both sides of National Highway No.8 and State Highway No. 71 and Rs. 2,00,000/- per acre for the remaining land.
Acquisition regarding village Banipur
18. The Collector, vide award dated 05.06.1994, assessed compensation at the rate of Rs. 1,00,000/- per acre for Chahi land; Rs. 85,000/- for Bhood land and Rs. 90,000/- per acre for Barani land.
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19. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the said acquired land at the rate of Rs. 3,00,000/- per acre for land for all kinds of land. Acquisition regarding village Jalapur
20. The Collector, vide his award dated 25.08.1995, assessed compensation at the rate of Rs. 80,000/- per acre for Chahi land and Rs. 1,10,000/- per acre for the land falling on both sides of road two acres.
21. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned Reference Court assessed the market value of the said acquired land at the rate of Rs. 2,20,000/- per acre for land upto the depth of 500 meters on both sides of the road Rs. 1,60,000/- per acre for 11 remaining land.
22. The land owners as well as the Haryana State Industrial Development Corporation (for short, “the H.S.I.D.C.”) preferred appeals against the aforesaid awards of the learned Reference Court. The High Court vide detailed judgment in R.F.A. No. 703 of 2003, titled Haryana State Industrial Development Corporation vs Mehar Chand and others, dated 06.09.2006, remanded the appeals with a direction to the learned Reference Court for fresh determination of market value of the acquired land on the basis of evidence already led by the parties.
23. On remand, the learned Reference Court, vide different awards, assessed the market value of the acquired land for different rates, the details of which are as under:
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Name of Amount awarded per acre village Chirhara Rs. 5,20,000/- per acre upto 500
meters on National Highway No. 8 and Rewari-Bawal road.
Rs.3,20,000/- per acre beyond 500 meters.
Jaliawas Rs. 3,30,000/- per acre upto 500
meters on both sides of National
Highway No. 8 and Rewari-Bawal road. Rs. 2,00,000/- per acre beyond 500 meters on both sides of National Highway No. 8 and Rewari-Bawal road. Suthani Rs. 2,00,000/- per acre.
Rudh Rs. 4,00,000/- per acre upto 500
meters on both sides of National
Highway No. 8.
Rs. 3,00,000/- per acre for the
remaining land.
Asalwas, Rs. 3,30,000/- per acre upto 500
Patuhera and meters on both sides of National
Suthana Highway No. 8 and Rewari-Bawal road.
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Rs. 2,00,000/- per acre for the land beyond 500 meters on both sides of National Highway no. 8 and Rewari-Bawal Road.
Banipur Rs. 3,00,000/- for all types of land.
Jalapur Rs. 2,00,000/- for land upto depth of two acres on both sides of road.
Rs. 1,60,000/- per acre for
remaining land.
24. Aggrieved by the aforesaid order(s) so
passed, the H.S.I.D.C. as well as claimants
approached the High Court by way of Regular First Appeals. To determine the fair market value, the High Court took into consideration the average price of certain sale instances relating to village Chirhara, which was regarded as the best evidence and arrived at an amount of Rs. 5,84,000/- per acre, after granting 12% increase per annum from the date of sale deed to the date 14 of notification under Section 4 of the Act. The High Court further held that a development cut of 1/3rd is to be applied to aforesaid price which brought the said amount to Rs. 3,91,280/- per acre, which was finally rounded off to Rs. 4,00,000/- per acre.
25. The High Court, vide the impugned judgment and order, awarded a common compensation in all the villages, dated 23.08.2010. The same is as follows: Rs. 4,00,000/- per acre for the land situated upto 500 meters on NH-8; and Rs. 3,00,000/- per acre for the lands situated on either side of Rewari-Bawal road upto 500 meters depth and for land beyond 500 meters on NH-8, but within 500 meters of Rewari-Bewal Road. For the remaining land, the High Court has awarded compensation at the rate of Rs. 2,00,000/- per acre.
26. Aggrieved by the aforesaid judgment and order passed by the High court, the claimants are 15 before us in these appeals.
27. We have heard learned counsels for the parties to the lis and have also carefully perused the award(s)/order(s) passed by the Courts below.
28. In our considered opinion, keeping in view the peculiar facts and circumstances of the case and also other factors, we deem it appropriate to enhance the compensation awarded by the High Court. Therefore the compensation is increased from Rs. 4,00,000/- acre to Rs. 5,00,000/- for the land situated upto 500 meters on NH-8 in all the villages; from Rs. 3,00,000/- per acre to Rs. 4,00,000/- for the lands situated on either side of Rewari-Bawal road upto 500 meters depth and for land beyond 500 meters on NH-8 but within 500 meters of Rewari-Bewal Road; and for the remaining land, we enhance the compensation from Rs. 2,00,000/- per acre to Rs. 3,00,000/- per acre. This Court further grants an interest at the rate of 6% per annum from the date of the High Court 16 order, with all statutory benefits on the enhanced amount.
29. The impugned judgment(s) and order(s) passed by the High Court stands modified to the aforesaid extent.
30. In the result, all the civil appeals are allowed in terms of the order passed above.
Ordered accordingly.
...................CJI.
[ H.L. DATTU ] .....................J. [ A.K. SIKRI ] .....................J. [ ARUN MISHRA ] NEW DELHI, JANUARY 20, 2015.
171
ITEM NO.2 COURT NO.1 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (C) Nos.10285-10358/2011 (Arising out of impugned final judgment and order dated 23/08/2010 in RFA No. 233/2009, RFA No. 5072/2008, RFA No. 5087/2008, RFA No. 150/2009, RFA No. 585/2009, RFA No. 584/2009, RFA No. 5583/2008, RFA No. 5089/2008, RFA No. 3105/2009, RFA No. 444/2009, RFA No. 292/2009, RFA No. 620/2009, RFA No. 230/2009, RFA No. 301/2009, RFA No. 298/2009, RFA No. 235/2009, RFA No. 232/2009, RFA No. 286/2009, RFA No. 284/2009, RFA No. 299/2009, RFA No. 5733/2008, RFA No. 5629/2008, RFA No. 5739/2008, RFA No. 5735/2008,RFA No. 5737/2008, RFA No. 5736/2008, RFA No. 229/2009, RFA No. 225/2009, RFA No. 289/2009, RFA No. 5628/2008, RFA No. 5627/2008, RFA No. 236/2009, RFA No. 5082/2008, RFA No. 5090/2008, RFA No. 5080/2008, RFA No. 5738/2008, RFA No. 5732/2008, RFA No. 5083/2008, RFA No. 5084/2008, RFA No. 1379/2009, RFA No. 300/2009, RFA No. 222/2009, RFA No. 5079/2008, RFA No. 5075/2008, RFA No. 5042/2008, RFA No. 5731/2008, RFA No. 5734/2008, RFA No. 5074/2008, RFA No. 287/2009, RFA No. 5078/2008,RFA No. 5085/2008, RFA No. 5306/2008, RFA No. 279/2009, RFA No. 5094/2008, RFA No. 5095/2008, RFA No. 5308/2008, RFA No. 443/2009, RFA No. 227/2009, RFA No. 5305/2008, RFA No. 220/2009, RFA No. 237/2009,RFA No. 226/2009, RFA No. 223/2009, RFA No. 293/2009, RFA No. 5091/2008, RFA No. 5182/2008, RFA No. 5077/2008, RFA No. 5093/2008, RFA No. 5092/2008, RFA No. 5081/2008, RFA No. 307/2009, RFA No. 5086/2008, RFA No. 5781/2008, RFA No. 5780/2008, passed by the High Court Of Punjab & Haryana At Chandigarh) OMKAR SINGH & ORS. Petitioner(s) VERSUS STATE OF HARYANA & ORS.ETC.ETC. Respondent(s) WITH SLP(C) No. 10362-10372/2011 2 SLP(C) No. 10374-10383/2011 SLP(C) No. 10406-10470/2011 SLP(C) No. 10480-10490/2011 SLP(C) No. 11411-11421/2011 SLP(C) No. 11422-11502/2011 SLP(C) No. 12044-12054/2011 SLP(C) No. 14449-14453/2011 SLP(C) No. 15314-15352/2011 (With appln.(s) for exemption from filing O.T. and appln.(s) for exemption from complying with S.C. rules and appln.(s) for exemption from filing O.T. and Office Report) SLP(C) No. 15353/2011 SLP(C) No. 17886-17890/2011 SLP(C) No. 19439-19446/2011 SLP(C) No. 19447-19462/2011 SLP(C) No. 25485/2011 SLP(C) No. 8108-8110/2013 SLP(C) No. 22134-2236/2013 (With applns. for c/delay in filing substitution applications, substitution applications, c/delay in filing SLPs., if any in respective matters) Date : 20/01/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ARUN MISHRA 3 For Petitioner(s) Mr. Gagan Gupta,Adv.
Mr. M.S. Yadav, Adv.
Mr. Shish Pal Laler, Adv. Mr. N.P. Midha, Adv.
Mr. Sonit Sinhmar, Adv. Mr. H.P.S. Gumal, Adv. Mr. Balbir Singh Gupta,Adv. Mr. R.C. Kaushik,Adv. Mr. Bankey Bihari,Adv. Mr. Siddharth Mittal, Adv. Mr. S.K. Sabharwal,Adv. For Respondent(s) Mr. Anil Grover, AAG Dr. Monika Gusain, Adv. Mr. Ravindra Bana,Adv. Mr. Ritesh Khatri,Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) Nos. 17886-17890 of 2011 Delinked.
In Rest of the matters Delay, in filing the application(s) for substitution, if any, is condoned.
Application(s) for substitution, if any, is/are allowed.
Delay, in filing special leave petition(s) if any, is /are condoned. 4
Leave granted.
All the civil appeals are allowed in terms of the signed order.
[ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar
[ Signed order is placed on the file ]