Punjab-Haryana High Court
Laxman (Deceased) Th Lr vs State Of Haryana And Ors on 29 August, 2023
Neutral Citation No:=2023:PHHC:116167
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RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
279
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) RFA No. 115 of 2020 (O&M)
Date of Decision: 29.08.2023
Laxman (deceased) through LRs
...Appellants
Versus
State of Haryana and others
...Respondents
(2) RFA No. 1350 of 2021 (O&M)
Mrs. Indri @ Inderwati and others
...Appellants
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Adarsh Jain, Advocate
for the appellants / landowners (in RFA-115-2020)
Mr. Amit Gupta, Advocate
for the appellants (in RFA-1350-2021)
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
****
HARKESH MANUJA, J.
CM-232-CI-2020 in RFA-115-2020
Application is allowed, as prayed for, subject to all just
exceptions. The applicants mentioned in para-2 of the application are
ordered to be brought on record as legal representatives of appellant
No. 2-Mohar Pal to pursue the appeal.
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Neutral Citation No:=2023:PHHC:116167
RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
CM-233-CI-2020 in RFA-115-2020
Application is allowed, as prayed for, subject to all just
exceptions. The applicants mentioned in para-2 of the application are
ordered to be brought on record as legal representatives of appellant
No. 3-Budh Ram to pursue the appeal.
CM-234-CI-2020 in RFA-115-2020;
CM-2920-CI-2021 in RFA-1350-2021
Present two applications moved on behalf of the
applicants-appellants, are for condonation of delay of 1370 & 1505
days in filing the respective appeals.
Notice of both the applications.
Learned State Counsel accepts notice on behalf of the
non-applicants / respondents - State of Haryana and vehemently
opposes the prayer made in the applications.
I have heard learned counsel for the parties and gone
through the contents of the applications, which have been duly
supported by the affidavit(s).
Concededly, the other similarly situated landowners
pertaining to the same acquisition proceedings have already been
held entitled for the enhanced amount of compensation pertaining to
the acquired land falling in the same revenue estate, i.e. Village
Budena Tehsil & District Faridabad, to the tune of Rs. 3073/- per
square yard, in view of judgment dated 13/14.07.2021 passed by
Hon'ble Supreme Court in Civil Appeal No. 2903 of 2021, titled
"Banwari Lal & Anr. Versus State of Haryana & Ors.".
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Neutral Citation No:=2023:PHHC:116167
RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
Based thereupon, applying the principle of parity, besides
awarding just and fair compensation and relying upon the decision of
Hon'ble Supreme Court in case of "Ningappa Thotappa Angadi
(Dead) through LRs Versus Special Land Acquisition Officer and
Another", 2020 (19) SCC 599 as well as in view of the contents of
applications, the prayer is allowed and delay in filing the respective
appeals, as mentioned above, is hereby condoned, subject to denial
of interest for the period of delay in filing the respective appeals.
MAIN APPEAL(S)
This order shall dispose off present two appeals bearing
RFA Nos. 115 of 2020 & 1350 of 2021, as the same arise out of
common acquisition / award.
[2] The landowners, by instituting the present appeals
preferred under Section 54 of the Land Acquisition Act, 1894 (for
short "the Act"), are seeking modification of the award dated
16.10.2015 passed by learned Additional District Judge, Faridabad
(hereinafter to be referred as "Reference Court") for enhancement of
compensation amount.
[3] In pursuance of Haryana Govt. Notification dated
14.08.2008 issued under Section 4 of the Act, followed by
Notification dated 30.08.2008 under Section 6 thereof, the land
measuring 78.99 acres, including the land of appellants, situated in
the revenue estate of Village Budena, Tehsil & District Faridabad,
was acquired. The public purpose for acquisition of the land was
stated to be Development & Utilization of Master Plan Roads of
Sectors 75 to 89, Faridabad. The Land Acquisition Collector, Urban
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RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
Estate, Haryana, Faridabad (for short "LAC"), vide Award No. 17,
dated 27.08.2010, assessed the market value of acquired land @ Rs.
42,00,000/- per acre alongwith other statutory benefits.
[4] Dissatisfied with the aforesaid Award, landowners /
interested persons filed refernces under Section 18 of the Act, which
were decided vide award dated 16.10.2015 by learned Reference
Court, whereby the market value of the acquired land was enhanced /
assessed @ Rs. 2000/- per square yard, besides granting statutory
benefits.
[5] It is pertinent to mention here that the matters pertaining
to the enhancement were remanded by the Apex Court in Civil
Appeal No(s) 21014-21016 of 2017, titled "Premwati & Ors. Versus
State of Haryana & Anr.", decided on 06.12.2017, after those
matters were decided by Coordinate Bench of this Court in the first
round on 16.09.2015 in 'Rampal and others Vs. Land Acquisition
Collector and another', 2016 (1) RCR (Civil) 494. Thereafter, the
matter was again decided by Single Bench of this Court vide
judgment dated 31.05.2019 in Ram Pal's case (supra), whereby
the market value for the acquired land with regard to the notification
dated 14.08.2008 pertaining to Villages Budhena, Baselwa and
Mawai, was fixed @ Rs. 3,300/- per square yard (Rs.1,59,72,000/-
per acre) for the land falling within the limits of Municipal Corporation,
Faridabad and for the other land of the said villages, the market value
was fixed @ Rs.2970/- per square yard (Rs.1,43,74,800/- per acre).
[6] Against the judgment dated 31.05.2019 (supra), parties
approached Hon'ble Supreme Court in a batch of appeals, lead case
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Neutral Citation No:=2023:PHHC:116167
RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
of which was Civil Appeal No. 2903 of 2021, titled "Banwari Lal &
Anr. Versus State of Haryana & Ors.", which have been decided on
three different dates, 08.07.2021, 13.07.2021 & 14.07.2021.
[7] It is contended by learned counsel for the appellant(s)
that present appeals are squarely covered with the judgment of
Banwari Lal's case (supra), arising out of the same notification vide
which the land of appellants was acquired.
[8] Learned State Counsel is not in a position to controvert
the aforesaid factual aspect that the main appeals are covered in
terms of judgment of Banwari Lal's case (supra); however, opposes
payment of interest for the period, the appellants failed to approach
this Court after the decision of Reference Court.
[9] I have heard learned counsel for the parties and gone
through the paper-book.
[10] From the perusal of records, it is apparent that the
present appeals are squarely covered with the judgment of Banwari
Lal's case (supra), which are arising out of the same acquisition /
Notification dated 14.08.2008 covering the same revenue estate i.e.
Village Budena / Bhudena, Tehsil & District Faridabad, whereby
the landowners have been held entitled for the enhanced amount of
compensation @ Rs. 3073/- per square yard. For reference, the
relevant paras of judgment dated 13/14.07.2021 passed in case of
Banwari Lal's (supra) (at page Nos. 35 to 38) read as under:-
" Village : Bhudena
As regards the lands situated in village Bhudena, as
referred to in the third notification, the High Court has fixed the
fair market price at Rs.2970/- per sq.yd.
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RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
In all, 7 sale instances have been relied upon by the
parties. Two sale instances i.e., Exhibits P-44 and PW8/B,
pertain to period before the first notification dated 01.05.2006.
The consideration mentioned therein is Rs.1446/- and
Rs.1136/- per sq.yd., respectively. These instances can be
taken note of only to understand the fair increase in the
market price after the first notification.
The sale instances at Exhibits P-39 and P-55 dated
18.5.2006 and 28.5.2006, are immediately after the issuance
of the first notification, each for Rs.3512/- per sq.yd.
Obviously, after the first notification there is spurt in
the land price. That spurt may not be available to the land
owners covered under the first notification, but certainly it can
be reckoned in respect of landowners covered under the
subsequent notifications including dated 14.08.2008.
However, it appears that there is yet another sale
instance i.e., Exhibit P-2 executed on 19.3.2007, for
consideration mentioned as Rs.2996/- per sq.yd. Therefore,
we are disposed to take the mean of the three sale instances
after the first notification, namely, Exhibits P-39, P-55 and P-2,
for arriving at a predictable market price (Rs.3512/-, Rs.3512
and Rs.2996/-), which comes to Rs.3340/- (i.e., addition and
divided by three).
This market price can be taken as the base value for
determining fair market price to be given to the land owners of
village Budhena, covered under the third notification.
Resultantly, we take the mean at Rs.3340/- per sq.yd.
and add aggregate 15% rounded off (7.5% per annum), as
increase for two years from 2006 till the issuance of the third
notification dated 14.08.2008. After adding that amount,
deduction of 20% will have to be provided as given in other
cases. As a result, the fair market price would work out to
Rs.3073/- (Rupees three thousand seventy-three only) per
sq.yd. (Rs.3340/- plus Rs.501/- minus Rs.768/-).
In our opinion, therefore, the determination/fair
market price by the High Court needs to be modified to
Rs.3073/-.
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Neutral Citation No:=2023:PHHC:116167
RFA No. 115 of 2020 (O&M); and
RFA No. 1350 of 2021 (O&M) Neutral Citation No. 2023:PHHC:116167
Hence, the appeal(s) filed by the State challenging
the enhancement by the High Court stand rejected, whereas
the appeal(s) filed by the claimant(s) for enhancement are
partly allowed to the above extent. Rest of the benefits
including statutory benefits awarded by the High Court shall
remain undisturbed. "
[10.1] Based upon the above, applying the principle of parity,
besides award of just and fair compensation, the landowners /
appellants being similarly situated are held entitled for grant of similar
amount of compensation as has been awarded to other landowners
vide judgment dated 13/14.07.2021 in case of Banwari Lal (supra),
alongwith all other statutory benefits and interest thereupon as
provided under the Act, except payment of interest for the period
the appellants did not approach this Court after passing of
Reference Court's Award.
[11] Disposed off in the above terms.
Pending application(s), if any, shall stand(s) disposed off.
August 29, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2023:PHHC:116167
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