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.