NDLI: Wazir & Anr. Vs. State of Haryana

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894 s. 23 Land Acquisition Act Claim of Compensation Fixation of market value
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Land Acquisition Act, 1894:s. 23 – Compensation – Claim of – Fixation of market value of the acquired land – On facts, in the year 2002, around 1500 acres of land acquired from different villages for public purpose of development of Industrial Township, Manesar, Gurgaon by three notifications – Award of compensation to land owners for different types of lands – Two sets of villages given differential treatment – Challenge to, by land owners – Reference Court relying on the decision in Pran Sukh case enhanced the compensation – Thereafter, in the pending applications, Reference Court enhanced the compensation at the rate of 12% p.a. taking the base rate to be Rs. 20 lakhs per acre as on 1994, in terms with the Pran Sukh case – Compensation awarded at the same rate for all kinds of land – In appeal, the High Court relying on the exemplar, computed the figures by giving cumulative enhancement at the rates of 12% and 15% over the base rate of Rs.20 lakhs per acre and applying cut of 10% and 20% – Compensation assessed at Rs.41.40 lakhs per acre in respect of lands acquired in villages – Compensation in village Manesar assessed after giving 50% enhancement at Rs.62.10 lakhs per acre – As regards land held by K additional component of 30% also awarded on account of severance charges, over and above the rate of Rs.62.10 lakhs per acre – On appeal, held: On basis of documents on record, sale deeds, three methods-Method no.1, Method no.2 and Method no.3, the market value for the lands in Naharpur Kasan and Kasan would be Rs. 39,54,666/- per acre, the market value of lands from villages Bas Kusla, Bas Haria and Dhana would be Rs. 29,77,333/- per acre and in respect of village Manesar, the market value would be Rs. 59,31,999/- per acre – In addition all statutory benefits would be payable – However, K would not be entitled to any severance charges.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 45
Petitioner	Wazir & Anr.
Respondent	State Of Haryana
SCR	[2019] 2 S.C.R. 571
Judgement Date	2019-01-11
Case Number	264

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