Punjab-Haryana High Court
Samay Kaur & Ors vs State Of Haryana & Anr on 22 September, 2023
Neutral Citation No:=2023:PHHC:125636
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CM No. 3792-CI of 2022 in/and
RFA No. 5577 of 2014 (O&M) Neutral Citation No. 2023:PHHC:125636
235
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM No. 3792-CI of 2022 in/and
RFA No. 5577 of 2014 (O&M)
Date of Decision: 22.09.2023
Smt. Samay Kaur (now deceased) through LRs and others
...Appellants
Versus
The State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ram Bilas Gupta, Advocate
for the applicants-appellants / landowners.
Mr. Shivendra Swaroop, Deputy Advocate General, Haryana
for respondent Nos. 1 & 2.
****
HARKESH MANUJA, J.
The appellants-landowners, by instituting the present appeal
preferred under Section 54 of the Land Acquisition Act, 1894 (for short "the
Act"), are seeking modification of the award dated 24.08.2013 passed by
learned Additional District Judge, Faridabad (hereinafter to be referred as
"Reference Court") for enhancement of compensation amount.
[2] In pursuance of Haryana Govt. Notification under Section 4 of
the Act issued on 14.08.2008, followed by Notification dated 30.08.2008
under Section 6 thereof, the land measuring 28.08 acres, including the land
of appellants, situated in the revenue estate of Village Mirzapur /
Murtazapur, Tehsil & District Faridabad, was acquired. The public purpose
for acquisition of the land was stated to be development and utilization of
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land for Master Plan Roads of Sectors 75 to 89, Faridabad. The Land
Acquisition Collector, Urban Estate, Faridabad, Haryana (for short "LAC"),
vide Award No. 15, dated 27.08.2010, assessed the market value of
acquired land @ Rs. 42,00,000/- per acre alongwith other statutory benefits.
[3] Dissatisfied with the aforesaid Award, landowners / interested
persons filed objections under Section 18 of the Act, which were decided
vide award dated 24.08.2013 by Reference Court, whereby the market
value of the acquired land was enhanced / assessed @ Rs. 1118/- per
square yard besides granting statutory benefits.
[4] Aggrieved thereof, the landowners preferred the present
appeal, which was disposed off by this Court in terms of judgment dated
16.09.2015 passed in RFA-7108-2012, titled "Rampal and others Versus
Land Acquisition Collector and another", thereby awarding
compensation @ Rs. 1870/- per square yard for the land which falls outside
of the municipal limits and Rs. 2000/- per square yard for the land situated
within the municipal limits. Later on, some other landowners challenged the
judgment passed in Ram Pal's case (supra) before the Hon'ble Supreme
Court, which came to be set aside on 06.12.2017 in Civil Appeal No(s)
21014-21016 of 2017, titled "Premwati & Ors. Versus State of Haryana &
Anr.", thereby remanding the matter back for fresh adjudication.
[5] Again the matter was 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 Palwali, Badshahpur, Bhatola and
Murtazapur, the market value was fixed @ Rs. 1936/- per square yard
(Rs.93,70,240/- per acre).
[6] Against the judgment dated 31.05.2019 (supra), parties
approached Hon'ble Supreme Court in a batch of appeals, lead case of
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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] Now, by way of present application bearing
CM No. 3792-CI of 2022 moved on behalf of the applicants-appellants /
landowners, who did not approach the Hon'ble Apex Court, prayer has
been made for disposal of the main appeal in terms of judgment dated
14.07.2021 rendered by the Hon'ble Supreme Court in Banwari Lal's case
(supra).
[8] It is contended by learned counsel for the applicants-
appellants / landowners that present appeal is squarely covered with the
judgment of Banwari Lal's case (supra), arising out of the same
notification vide which the land of applicants-appellants had been acquired.
[9] Upon notice of the application, no reply has been filed;
however, learned State Counsel is not in a position to dispute the afore-
stated factual position about judgment dated 14.07.2021 passed in
Banwari Lal's case (supra); but opposes payment of interest for the
period, the applicants-appellants failed to approach this Court after the
decision of Reference Court.
[10] I have heard learned counsel for the parties and gone through
the paper-book.
[11] From the records, it is apparent that the present appeal is
squarely covered with the judgment of Banwari Lal's case (supra), which
is arising out of the same acquisition / Notification dated 14.08.2008
covering the same revenue estate i.e. Village Murtazapur, Tehsil &
District Faridabad, whereby the landowners have been held entitled for
the enhanced amount of compensation @ Rs. 2661/- per square yard. For
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reference, the relevant paras of judgment dated 13/14.07.2021 passed in
case of Banwari Lal's (supra) (at page Nos. 52 & 53) read as under:-
" Village : Murtazapur
As regards the lands at village Murtazapur, covered
under the third notification dated 14.08.2008, the High Court has
awarded Rs.1936/- per sq.yd. as the market price.
In all, five sale instances have been relied upon.
Three instances pertain to year 2005, which need not be taken
into account. The fourth and fifth sale instances are post first
notification, indicative of the prevailing market price in village
Murtazapur at the relevant time. Exhibit P-18 dated 09.05.2006
mentions consideration amount of Rs.2892/- per sq.yd. and
Exhibit P-19 dated 03.08.2006 mentions Rs.2746/- per sq.yd.
Accordingly, we accept the sale deed executed, at
Exhibit P-18, as comparable sale instance, which is for 193
Kanals 4 Marla at Rs.2892/- per sq.yd.; and give increase of
7.5% per annum (for two years rounded off) thereon till the
issuance of the third notification, which works out to Rs.3326/-
per sq.yd. Indeed, this will be subject to deduction of 20% as
given in other cases towards development charges. Accordingly,
the fair market price is worked out to Rs.2661/- per sq.yd.
(Rs.2892/- plus Rs.434/- minus Rs.665/-).
Accordingly, we modify the award to the extent of
providing fair market price of land situated in Village
Murtazapur at Rs.2661/- (Rupees two thousand six hundred
sixty-one only) per sq.yd.
Accordingly, the award stands modified to the above
extent, while retaining the other benefits including statutory
interest awarded by the High Court.
Hence the appeal(s) filed by the State stand
dismissed, whereas filed by the claimant(s) are partly allowed in
the above terms. "
[11.1] Further, in terms of decision dated 13.11.2021 passed in Civil
Appeal No. 6827-6828 of 2021, titled "Rakesh Kumar Versus State of
Haryana and another" (Diary No. 23358 of 2021), the appellants-
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landowners shall not be entitled for interest on the enhanced amount of
compensation for the period from 90th day of judgment dated 16.09.2015
(supra) passed in the main appeal, till the filing of their application bearing
CM No. 3792-CI of 2022.
[11.2] 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 from 90th day of judgment dated
16.09.2015 (supra), till the filing of aforesaid application.
[12] In view of the above discussion, present application is
allowed; the earlier order dated 16.09.2015 is recalled; the main appeal is
taken on board today itself and disposed off in the above terms.
Pending application(s), if any, shall stand(s) disposed off.
September 22, 2023 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking / Reasoned : Yes No
Whether Reportable : Yes No
Neutral Citation No:=2023:PHHC:125636
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