Supreme Court - Daily Orders
Randhir Singh & Ors.Etc. vs Randhir Singh .Etc. on 27 April, 2015
Author: Chief Justice
Bench: Chief Justice, Arun Mishra
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 4080-4083 OF 2015
( @ S.L.P. (CIVIL) NOS.701-704 OF 2013)
RANDHIR SINGH & ORS.ETC. ...APPELLANT (S)
VERSUS
STATE OF HARYANA & ORS. ...RESPONDENT(S)
WITH
CIVIL APPEAL NO. 4079 OF 2015
@ S.L.P. (C) NO.22331 OF 2013
O R D E R
1. Leave granted.
2. Delay, if any, in filing/ re-filing the Special Leave Petition(s) and application for substitution is/are condoned.
3. Application(s) for substitution, if any, is/are allowed.
4. Since the facts and issues involved in these appeals are more or less similar, we take the facts in Civil Appeals @ S.L.P. (C) Nos.701-704 of 2013 for the purpose of disposal of these appeals.
C.A.Nos.4080-4083 of 2015 (@ S.L.P.(C)Nos.701-704 of 2013)
5. Signature Not Verified These appeals are directed against the common judgment Digitally signed by and order, passed by the High Court of Punjab and Haryana at Ramana Venkata Ganti Date: 2015.05.06 15:45:00 IST Reason:
Chandigarh in R.F.A. No.1090 of 2011 (O & M), R.F.A. No.1091 of 2 2011, R.F.A. No.1092 of 2011 and R.F.A. No.1094 of 2011, dated 01.05.2012.
6. The facts, in brief, are: The State of Haryana has issued a notification dated 23.08.2005, under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”), vide which the respondent-State sought to acquire 4.77 acres in village Jatheri, Hadbast No.28, Tehsil and District Kaithal, Haryana for the public purpose namely for construction of BM : Hansi Branch Butana Branch Multi purpose link channel. The same was followed by a declaration, under Section 6 of the Act, dated 19.09.2005.
7. The Land Acquisition Collector (for short, “the LAC”) passed an award, dated 14.01.2006 fixing the land rate at Rs.5,00,000/- per acre for all types of land including the land acquired in Village Jatheri.
8. Dissatisfied with the award passed by the LAC, the land owners sought for a reference under Section 18 of the Act before the Additional District Judge, Kaithal. After recording the evidence and considering the material on record, the Additional District Judge awarded compensation to the claimants/ land-owners at the rate of Rs.9,00,000/- per acre, vide order dated 1.12.2009.
9. Aggrieved by the same, the claimants filed Regular First Appeals before the High Court seeking enhancement of compensation.
10. The High Court has allowed the appeals filed by the claimants/land-owners and upheld the orders passed by the 3 reference court. The High Court awarded compensation of Rs.9,00,000/- with all statutory benefits in respect of the village Jatheri.
11. We have heard learned counsel for the parties to the lis and carefully perused the records.
12. In the peculiar facts and circumstances of these cases, we are of the considered opinion that the amount awarded by the High Court be further enhanced by a sum of Rs.50,000/- per acre with all statutory benefits from the date of the order passed by the High Court.
13. The appeals are allowed to the extent indicated above. No order as to costs.
C.A. NO. 4079 of 2015 (@ S.L.P.(C)No.22331 of 2013):
14. In view of the disposal of Civil Appeals @ S.L.P. (C)Nos.701-704 of 2013, this appeal is also disposed of the in the same terms, conditions, observations and directions.
Ordered accordingly.
...........CJI.
(H.L. DATTU) .............J. (ARUN MISHRA) NEW DELHI;
APRIL 27, 2015.
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ITEM NO.17 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
Petition(s) for Special Leave to Appeal (C) No(s). 701-704/2013
(Arising out of impugned final judgment and order dated 01/05/2012 in RFA No. 1090/2011,01/05/2012 in RFA No. 1091/2011,01/05/2012 in RFA No. 1092/2011,01/05/2012 in RFA No. 1094/2011 passed by the High Court Of Punjab & Haryana at Chandigarh) RANDHIR SINGH & ORS.ETC. Petitioner(s) VERSUS STATE OF HARYANA & ORS. Respondent(s) WITH SLP(C) No. 12648-12650/2013 (With appln.(s) for deletion of proforma respondents and Interim Relief) SLP(C) No. 32640/2013 (With appln.(s) for c/delay in refiling SLP and appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 23646/2013 (With Office Report) SLP(C) No. 13679/2013 (With Office Report) SLP(C) No. 23649-23651/2013 (With Office Report) SLP(C) No. 26952-26955/2013 (With Office Report) SLP(C) No. 22331/2013 (With Office Report) SLP(C) No. 27782/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 11867/2014 (With Office Report) Date : 27/04/2015 These petitions were called on for hearing today.
5CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr.Pardeep Gupta, adv.
Mr.Parinav Gupta, Adv. Ms.Mansi Gupta, Adv.
Dr. (mrs. ) Vipin Gupta,Adv.
Mr.H.P.S.Ghuman, Adv. Mr. Balbir Singh Gupta,Adv.
Mr.D.K.Thakur, Adv.
Mr.Devendra Jha, Adv.
Mr.Lalan Chaudhary, Adv. Mr.Sushil Kumar, Adv.
Mr.I.P.Rinwa, Adv.
Mr.Bhupendra Sharma, Adv. Mr. Debasis Misra,Adv.
Mr.Naveen Kr.Chauhan, Adv. Mr.Abhik Kumar, Adv.
Mr.R.S.Chauhan, Adv.
For Mr. Praveen Swarup,Adv.
Mr.Dinesh Verma, Adv.
Mr.Rajat Sharma,Adv.
Mr. Subhasish Bhowmick,Adv.
Mr.Santosh Kumar, Adv. Mr.Rajiv Ranjan Mishra, Adv. Mr.V.Sushant Gupta, Adv. For Mr. Mushtaq Ahmad,Adv.
For Respondent(s) Mr.Arun Bhardwaj, AAG Mr.Piyush Hans, Adv.
Mr. Kamal Mohan Gupta,Adv.
Mr. Nitin Kumar Thakur,Adv.
UPON hearing the counsel the Court made the following O R D E R S.L.P.(C)Nos.701-704/2013 & S.L.P.(C)No.22331/2013:
Leave granted and appeals allowed/disposed of to the extent indicated in the order with no order as to costs, in terms of the signed order.6
Rest of the matters:
List on 6th May, 2015.
(G.V.Ramana) (Vinod Kulvi) AR-cum-PS Asstt.Registrar