UNION OF INDIA Vs. RAJ KUMAR BAGHAL SINGH
LAWS(SC)-2014-9-30
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
September 09,2014
UNION OF INDIA (UOI)
Appellant
VERSUS
Raj Kumar Baghal Singh
Respondents
Referred Judgements :-
BASAVVA V. SPL. LAND ACQUISITION OFFICER [REFERRED TO]ADMINISTRATOR GENERAL OF WEST BENGAL VS. COLLECTOR VARANASI [REFERRED TO]
CHIMANLAL HARGOVINDDAS VS. SPECIAL LAND ACQUISITION OFFICER POONA [REFERRED TO]
HASANALI KHANBHAI AND SONS VS. STATE OF GUJARAT [REFERRED TO]
INDUMATI CHITALEY VS. GOVERNMENT OF INDIA [REFERRED TO]
K S SHIVADEVAMMA VS. ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER [REFERRED TO]
BASANT KUMAR VS. UNION OF INDIA [REFERRED TO]
KASTURI VS. STATE OF HARYANA [REFERRED TO]
TEJUMAL BHOJWANI VS. STATE OF UTTAR PRADESH [REFERRED TO]
LAND ACQUISITION OFFICER KAMMARAPALLY VILLAGE NIZAMABAD DISTRICT ANDHRA PRADESH VS. NOOKALA RAJAMALLU [REFERRED TO]
UNION OF INDIA VS. SAVJIRAM [REFERRED TO]
H P HOUSING BOARD VS. BHARAT S NEGI [REFERRED TO]
KIRAN TANDON VS. ALLAHABAD DEVELOPMENT AUTHORITY [REFERRED TO]
VILUBEN JHALEJAR CONTRACTOR VS. STATE OF GUJARAT [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. KARIGOWDA [REFERRED TO]
Cited Judgements :-
ANAND BALLABH TRIVEDI (SINCE DECEASED) VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-4-354] [REFERRED TO]U.P. JAL NIGAM VS. JAWAHAR LAL AND ORS. [LAWS(ALL)-2016-3-96] [REFERRED TO]
ADARSH KHALSA VS. STATE OF U P [LAWS(ALL)-2016-3-217] [REFERRED]
LAXMI NARAIN VS. STATE OF HARYANA [LAWS(P&H)-2015-8-323] [REFERRED TO]
KARAM DEVI AND ORS. VS. STATE OF HARYANA AND ANR. [LAWS(P&H)-2015-8-339] [REFERRED TO]
DEFENCE ESTATES OFFICER VS. SHEKHAR PATWA, CHAIRMAN [LAWS(GJH)-2019-2-131] [REFERRED TO]
POWER GRID CORPORATION OF INDIA LTD. VS. JAGPAL SINGH AND ORS. [LAWS(ALL)-2016-2-101] [REFERRED TO]
PIRYAVERT AND ANOTHER VS. HARYANA GOVERNMENT AND OTHERS [LAWS(P&H)-2015-11-273] [REFERRED TO]
UNION OF INDIA VS. DYAGALA DEVAMMA & ORS [LAWS(SC)-2018-7-69] [REFERRED TO]
IMTYAZ ALAM VS. COLLECTOR BHADHOHI [LAWS(ALL)-2017-1-460] [REFERRED TO]
GANGA POLLUTION CONTROL UNIT, U.P. JAL NIGAM VS. GAYA PRASAD AND ANOTHER [LAWS(ALL)-2017-5-90] [REFERRED TO]
BULANDSHAHR KHURJA DEVELOPMENT AUTHORITY VS. AMIR KUWAR AND ORS. [LAWS(ALL)-2019-7-472] [REFERRED TO]
U.P. STATE ELECTRICITY BOARD VS. SMT. SUSHILA DEVI & OTHERS [LAWS(ALL)-2015-11-209] [REFERRED TO]
MIRA MAITY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-7-19] [REFERRED TO]
PALU BROTHERS VS. STATE OF KERALA [LAWS(KER)-2020-11-442] [REFERRED TO]
LALIT KISHORE VS. STATE OF H.P. & OTHERS [LAWS(HPH)-2018-6-101] [REFERRED TO]
HARINDER KUMAR AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-10-176] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. BASHANDGAN NAMBLABAL PAMPORE [LAWS(J&K)-2023-6-26] [REFERRED TO]
KAMALABAI BHASKAR MULE VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(BOM)-2020-6-131] [REFERRED TO]
CITY INDUSTRIAL AND DEVELOPMENT CORPORATION VS. SUNIL, S/O RATANLAL JETHLIYA [LAWS(BOM)-2018-2-343] [REFERRED TO]
U.P. AVAS EVAM VIKAS PARISHAD VS. SMT. RUKMAN DEVI & OTHERS [LAWS(ALL)-2016-2-230] [REFERRED TO]
BULANDHSHAHR KHURJA DEVELOPMENT AUTHORITY VS. HAMID ALI SINCE DECEASED [LAWS(ALL)-2019-9-106] [REFERRED TO]
STATE OF U.P. VS. KUNWAR PAL SINGH, [LAWS(ALL)-2017-5-86] [REFERRED TO]
STATE OF U P & ANOTHER VS. RASHMI JAIN [LAWS(ALL)-2018-1-467] [REFERRED TO]
NTPC LTD. VS. RASHTROPATI GHOSH [LAWS(CAL)-2023-3-110] [REFERRED TO]
EXECUTIVE ENGINEER, G.E.B. VS. RANCHHODBHAI CHHANABHAI PATEL [LAWS(GJH)-2019-4-143] [REFERRED TO]
MADAN PAL VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2015-10-284] [REFERRED TO]
KEHAR SINGH VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2015-11-270] [REFERRED TO]
POWER GRID CORPORATION OF INDIA LTD VS. JAGPAL SINGH AND OTHERS [LAWS(ALL)-2018-12-51] [REFERRED TO]
VITHAL RAO AND ANOTHER ETC. VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(SC)-2017-7-34] [REFERRED TO]
U.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. AND OTHERS VS. NAZIR AND OTHERS [LAWS(ALL)-2018-4-521] [REFERRED TO]
AMI CHAND VS. STATE OF U.P. [LAWS(ALL)-2017-2-111] [REFERRED TO]
DEVINDER SINGH AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-8-286] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted in SLPs.
(2.)These appeals have been preferred against the judgment of the Punjab & Haryana High Court in a group of matters involving the issue of determination of compensation for the land acquired by the appellant-Union of India in two sets of acquisition.
2. One of the notifications under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), in question, was issued on 14th March, 1989 to acquire 72.9375 acres of land in villages Bir Kheri Gujran, District Patiala, for development of military cantonment at Patiala in Punjab. The Collector vide award dated 13th August, 1991, assessed the market value of the acquired land at the rate of Rs.2 lakh per acre. The Reference Court enhanced the amount of compensation to Rs.9,05000/- per acre. A learned Single Judge of the High Court reduced the same to Rs.105.80 per square yard vide order dated 1st April, 1999, which has been affirmed by the Division Bench.
(3.)In the other set of acquisition, covered by notification under Section 4 of the Act dated 16th September, 1988, for the land measuring 498.03, the Collector vide award dated 27th March, 1991, awarded compensation at the rate of Rs.2 lakh per acre for the land in villages Kheri Gujran and Bir Kheri Gujran and for the land in villages Sher Majra, Haji Majra and Pasiana at the rate of Rs.1,50,000/- per acre. The Reference Court vide award dated 6th April, 1998 enhanced the compensation to Rs.2,75,000/- per acre for the land in villages Kheri Gujran and Bir Kheri Gujran. In respect of land in the revenue estate of village Haji Majra, for the land upto 500 meters on Patiala Sangrur Road, compensation was awarded at the same rate but for the rest of the land compensation was awarded at Rs.2,33,750/- per acre. For villages Pasiana and Sher Majra, the rate awarded was the same as for village Haji Majra.
On further appeal, the learned Single Judge of the High Court enhanced the amount of compensation to Rs.4,48,159/- per acre which has been affirmed by the Division Bench with slight modification by way of enhancement.
(2.)These appeals have been preferred against the judgment of the Punjab & Haryana High Court in a group of matters involving the issue of determination of compensation for the land acquired by the appellant-Union of India in two sets of acquisition.
2. One of the notifications under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), in question, was issued on 14th March, 1989 to acquire 72.9375 acres of land in villages Bir Kheri Gujran, District Patiala, for development of military cantonment at Patiala in Punjab. The Collector vide award dated 13th August, 1991, assessed the market value of the acquired land at the rate of Rs.2 lakh per acre. The Reference Court enhanced the amount of compensation to Rs.9,05000/- per acre. A learned Single Judge of the High Court reduced the same to Rs.105.80 per square yard vide order dated 1st April, 1999, which has been affirmed by the Division Bench.
(3.)In the other set of acquisition, covered by notification under Section 4 of the Act dated 16th September, 1988, for the land measuring 498.03, the Collector vide award dated 27th March, 1991, awarded compensation at the rate of Rs.2 lakh per acre for the land in villages Kheri Gujran and Bir Kheri Gujran and for the land in villages Sher Majra, Haji Majra and Pasiana at the rate of Rs.1,50,000/- per acre. The Reference Court vide award dated 6th April, 1998 enhanced the compensation to Rs.2,75,000/- per acre for the land in villages Kheri Gujran and Bir Kheri Gujran. In respect of land in the revenue estate of village Haji Majra, for the land upto 500 meters on Patiala Sangrur Road, compensation was awarded at the same rate but for the rest of the land compensation was awarded at Rs.2,33,750/- per acre. For villages Pasiana and Sher Majra, the rate awarded was the same as for village Haji Majra.
On further appeal, the learned Single Judge of the High Court enhanced the amount of compensation to Rs.4,48,159/- per acre which has been affirmed by the Division Bench with slight modification by way of enhancement.
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