OM PARKASH & ORS.ETC. Vs. STATE OF HARYANA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 1071-1073 of 2012, Judgment Date: Feb 17, 2016

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 1071-1073 OF 2012

OM PARKASH & ORS.ETC.                                            Appellant(s)

                                VERSUS

STATE OF HARYANA                                                Respondent(s)

                                    WITH

                        CIVIL APPEAL NO. 1074 OF 2012

                     CIVIL APPEAL NO. 4261-4262 OF 2012

                     CIVIL APPEAL NO. 7791-7792 OF 2012

                     CIVIL APPEAL NO. 8948-8949 OF 2012

                        CIVIL APPEAL NO. 3904 OF 2014



                               J U D G M E N T

KURIAN, J.

1.    Delay in filing the application for substitution is condoned  and  the
application for substitution is allowed in Civil Appeal  Nos.  4261-4262  of
2012.

2.    An extent of 233.09 acres of land situated in the  Revenue  Estate  of
Village Devi Nagar, Sub-Division Kalka, District  Ambala  was  acquired  for
the development and utilization of the land as recreational  and  commercial
for Sector 3, Urban Estate, Panchkula.

3.    Section 4(1) Notification was  issued  on  31.03.1987.   By  an  Award
dated 13.03.1997, the Reference Court fixed the land value at  the  rate  of
Rs. 31 per sq. yard, which has been affirmed by the  High  Court  and  thus,
aggrieved by the  impugned  Judgment  and  order  of  the  High  Court,  the
appellants are before this Court.

4.    The appellants have mainly  placed  reliance  on  a  Judgment  of  the
Punjab and Haryana High Court in Prakash Rani & Ors. Vs. State of Haryana  &
Ors. in RFA No. 41 of 1997 in LAC No. 38 of  1993,  decided  on  29.10.2009.
The said land is in village Kharak Mangoli and  Majri,  Tehsil  Kalka.   The
High Court confirmed the land value fixed by  the  Reference  Court  at  the
rate of Rs. 250 per sq. yard.  In that, the Section 4(1) Notification  dated
02.07.1985 was almost two years prior to  that  of  the  appellants.    That
value at the rate of Rs. 250 per sq. yard has been confirmed by  this  Court
in Prakash Rani’s  case  in  Civil  Appeal  No.  5134  of  2012  decided  on
10.07.2012.  According to the appellants, though they are entitled to  claim
escalation of two years on the  value  fixed  in  Prakash  Rani’s  case,  in
having not taken such a ground before the  High  Court,  they  have  limited
their claim at the rate of Rs.250 per sq. yard.

5.    The learned counsel appearing for the State contends  that  there  was
no evidence before the Reference Court  that  the  land  of  the  appellants
situated in Village Devi Nagar are adjoining to the land of Prakash Rani  in
Village Kharak Mangoli and the lands have the  same  potential  value.   Our
special attention has been invited to the  following  observations  made  by
the High Court in the impugned Judgment :-

"However, there is no connecting evidence to demonstrate that  the  acquired
land as well as the land under acquisition in Parkash Rani's  case  (supra),
has the similar potential value.   Even  the  location  of  the  land  under
reference and the land in Parkash  Rani's  case  could  not  be  identified.
There is no site plan/map of the area to demonstrate that lands in both  the
cases are having the same potential value.  A perusal  of  the  judgment  in
Parkash Rani's case (supra) would show that the land  under  acquisition  of
village Kharag Mangoli and Majri was just opposite a fully developed  Sector
1, Panchkula which was just opposite the  acquired  land  and  in  fact  the
whole of the area  was  already  a  business  center  whereas  the  land  in
question is admittedly on the banks of Ghaggar river and on the  other  side
some jhuggis are in existence."

6.    The learned counsel for the appellants has drawn our attention to  the
Award passed by the Collector in their case which is  produced  as  Annexure
P1.  On a discussion on market value, the Collector has observed as  follows
:-


"The location of the land under acquisition is like this.  On  the  southern
side is Sector-21, Panchkula.  In the Northern side is the land  of  village
Majri and Kharag Mangoli which is already acquired.  On  the  Western  side,
across the National Highway No. 22 are Sector 2and  4  and  on  the  Eastern
side is river Ghaggar.
      In order to determine the value of the land the date  of  notification
u/s 4 which is  material  date  is  to  be  kept  in  view.   This  date  is
31.8.1987.   The  District  Collector,  Deputy  Commissioner,   Ambala   was
requested to supply Collector rate as required under Para  12  of  Financial
Commissioner's Standing Order No. 28.  The Collector rates supplied  by  the
Deputy Commissioner, Ambala  vide  his  Memo  No.  LA[153]/87/DRA/881  dated
21.3.1989 are Rs. 1 lac per acre for the entire area to  be  acquired.   The
land under acquisition is very  advantageously  situated  and  has  a  great
potential value as on the entire length of it on  the  Western  side  it  is
abutting the national highway No. 22 [Ambala-Kalka]  and  across  this  road
are fully developed sectors 2 and 4  of  the  prestigious  Urban  Estate  of
Panchkula.  On the northern and Southern sides of this land,  the  lands  of
village Majri/Kharag Mangoli and village Maheshpur [Sector 21] have  already
been acquired for residential and commercial purposes for the Urban  Estate,
Panchkula.  On  the  Eastern  side  flows  River  Ghaggar  and  beyond  that
Shivalik and Morni hills present a very beautiful panoramic view."

7.    Therefore, the Land Acquisition Collector himself  having  found  that
the acquired land has much potential and that  the  same  is  adjoining  the
village Kharak Mangoli, we fail to  understand  how  the  High  Court  could
observe that there was no evidence available  regarding  the  similarity  or
potentiality.

8.    The map for the acquired land  would  also  show  that  the  land  had
access not only to the  National  Highway  No.  22,  but  also  to  National
Highway No. 73.

9.    In that view of the matter, we do not find any  justification  at  all
in not granting the same land value as has been given  to  the  land  owners
covered in Prakash Rani's case and other adjoining lands.

10.   Not only that, it is seen from the records that  except  the  case  of
the appellants, all others in village Kharak Mangoli, Kharak Majri,  Village
Nadian, Village Fatehpur etc. have been granted Rs. 250  per  sq.  yard  and
more.  In the case of acquisition  of  village  Kharak  Mangoli  and  Kharak
Majri, the Notification, as a matter of fact, is of the year  1985,  whereas
in the case of the appellants, it is of the year 1987.

11.   Therefore, we allow these appeals.  The appellants shall  be  entitled
to their land value fixed at the rate of Rs. 250 per  sq.  yard  along  with
all statutory benefits.  The amount due to the appellants shall be  computed
on that basis and deposited by the  respondent-State  before  the  Executing
Court within a period of four months from today.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 17, 2016.