Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: Compensation – Land agricultural in nature and away from Highway – In the year 2002, in respect of Phases II, III and IV of the Industrial Model Township, Manesar, Gurgaon, acquisition proceedings under s.4 of the Act were initiated with regard to lands falling in villages Naharpur Kasan, Kasan, Bas Kusla, Bas Haria, Dhana and Manesar – High Court vide its decision dated 09.03.2018 in Madan Pal III v. State of Haryana assessed the market value in respect of lands from villages Naharpur Kasan, Kasan, Bas Kusla, Bas Haria, and Dhana (covered by Phases II and III) at Rs.41.40 lakhs per acre; while compensation for lands from village Manesar (covered by Phase IV) was assessed at Rs.62.10 lakhs per acre – Appeals arising therefrom were decided by this Court vide its Judgment dated 11.01.2019 as modified by Order dated 08.02.2019 in Wazir and Another vs. State of Haryana i.e., after the decision of the High Court which is presently under appeal – The decision of the High Court in HSIIDC v. Roshan Lal and others, which was the basis of the decision in the present matters, had in turn relied upon the assessment made by the High Court in its earlier in Madan Pal III – Since the assessment in Madan Pal III was scaled down by this Court in Wazir and Another v. State of Haryana, theoretically, the market value arrived at by the High Court in Roshan Lal case would be on the higher side – The acquisition in Roshan Lal case was a year before the present acquisition – If the lands in both cases were otherwise identical in material terms, the valuation found with respect to the former in the year 2004, must have undergone some upward change when the valuation of the latter set of lands is to be considered for the year 2005 – Although, the decision in Roshan Lal was not challenged by the State, the fact remains that the values assessed in that decision were theoretically on a higher scale and the landholders, on that score, have received an advantage – In totality of circumstances, the landholders must be held entitled to 8% flat increase over the market value assessed in HSIIDC v. Roshan Lal and others in respect of lands from villages which were found to be comparable – The landholders must therefore get enhancement to the tune of 8% over Rs.43.61 lakhs per acre – They shall also be entitled to all the statutory benefits. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2021 INSC 235 |
Petitioner | M/s Acquainted Realtors Llp Etc. Etc. |
Respondent | State Of Haryana & Others |
SCR | [2021] 3 S.C.R. 374 |
Judgement Date | 2021-04-08 |
Case Number | 1330-1332 |
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