Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act-Award of compensation-Interference by Supreme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act - Award of compensation - Interference by Supreme Court - Scope of - Held: Normally, Supreme Court would interfere with an award made under the Act by High Court, only if any error in principle is involved in adjudging of compensation - On facts, compensation had been determined by taking into account all relevant factors - No error of principle committed by High Court justifying interference by Supreme Court.Agricultural lands in the three revenue estates of Hissar, Satrod Khurd and Satrod Khas in Distt. Hissar, Haryana was acquired under the Land Acquisition Act for the public purpose of residential/urban development The acquired lands were situated within municipal limits of the town. Being dissatisfied with the compensation awarded by the Land Acquisition Collector, the land owners claimed enhancement of compensation before the Reference Court. Reference Court enhanced the compensation to Rs.235/- per square yard for lands situated in the revenue estate of Hisar and to Rs.135/- per square yard for lands situated in the revenue estates of Satrod Khurd and Satrod Khas. The State as well the claimants appealed against the award. Single Judge of High Court held that the land value of Rs.235/- per square yard for the lands comprised in the estate of Hisar was correct and called for no interference. But he further held that though there was distinction between the lands in estate of Hisar and those in estates of Satrod Khurd and Satrod Khas, the disparity in the value awarded was not justified and accordingly enhanced compensation for the lands in Satrod Khurd and Satrod Khas to Rs.175/- per square yard. The claimants went up in further appeal before the Division Bench, which however, upheld the judgment of Single Judge as just and fair. The questions which arose for consideration in the present appeals are 1) whether the land value in respect of lands situated in the estate of Hisar should have been awarded at a rate higher than Rs.235/- per square yard and 2) whether, with regard to the lands situated in the estates of Satrod Khurd and Satrod Khas, there was no justification in not adopting the same land value rate as for the lands in the estate of Hisar. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 868 |
Petitioner | Raj Kumar And Ors. |
Respondent | Haryana State And Ors. |
SCR | [2007] 9 S.C.R. 455 |
Judgement Date | 2007-08-27 |
Case Number | 3262 |
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