The division judge bench of Justice M.R. Shah and Justice M.M. Sundresh of the apex court in the case of Hari Ram (Deceased) Thr. His LRs. and Anr. Vs Land Acquisition Collector cum District Revenue Officer Gurgaon and Ors. Held that the High Court has committed a very serious error in discarding the sale instances / sale exemplars and enhances the compensation to Rs. 12,16,800/- for the lands acquired.
BRIEF FACTS
The factual matrix of the case is that the land is situated within the revenue estate for the purpose of setting up of liquified petroleum gas plant. Further, the Land Acquisition Officer determined and awarded the compensation @ Rs. 5,30,000/- per acre for irrigated lands and Rs. 2,00,000/- per acre for non-irrigated lands. The reference court fixed the compensation at Rs. 5,30,000/- per acre for both the irrigated as well as the non-irrigated lands. Thereafter the high court has partly allowed the said first appeals and has enhanced the amount of compensation for the lands acquired to Rs. 7,00,000/- per acre for irrigated and non-irrigated lands, the original landowners have preferred the present appeals.
COURT’S OBSERVATION
The hon'ble apex court held that the High Court has committed a very serious error in discarding the sale instances / sale exemplars. The High Court has not properly appreciated the fact that so far as the sale deed is concerned, the same was executed by M/s. Orient Express Pvt. Ltd. in favour of a private person and on the other hand, the sale deeds were executed in favour of M/s Orient Express Pvt. Ltd. Therefore, when after purchasing the land, a company had sold the land the prices are bound to be higher. Merely because the sale deeds were by and/or in favour of the company and there was variation in the prices mentioned cannot be a ground to hold that the sale exemplars are not genuine and therefore required to be discarded. Further, considering the fact that the Sale Deeds produced are with respect to the smaller parcel of land, there has to be a proper deduction on the ground of smaller area of the land and development. Looking to the location and the potentiality of the lands acquired and as the acquired lands were required to be used for Liquified Petroleum Gas Plant, not much development was required like the housing scheme and/or as required for other similar purposes, therefore, if 35% is deducted considering the evaluation with respect to Sale Deed the same can be said to be just, reasonable and proper compensation to the original landowners. Therefore, the original landowners shall be entitled to Rs. 12,16,800/- per acre towards compensation for the lands acquired. To the aforesaid extent, the impugned common judgment and order passed by the High Court is required to be modified.
CASE NAME- Hari Ram (Deceased) Thr. His LRs. and Anr. Vs Land Acquisition Collector cum District Revenue Officer Gurgaon and Ors
CITATION- CIVIL APPEAL NO. OF 2022 (@ SLP (C) No. 18054 of 2019)
CORUM- Justice M.R. Shah and Justice M.M. Sundresh
DATE- 20.10.22
Read Judgment @Latestlaws.com
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