A recent legal case addresses the issue of enhanced compensation for land acquisition appeals in Faridabad, Haryana. The court’s decision emphasizes the importance of ensuring fairness and equality in compensation for landowners whose lands have been acquired for various purposes. This summary focuses on the legal analysis provided by the court, shedding light on the reasoning behind the determination of compensation rates under different notifications. Read on to delve into the intricacies of this significant legal development.
Facts
- Land ad-measuring 6.97 acres in village Ajronda, District Faridabad, Haryana acquired for Green Belt development on the west of Delhi – Mathura Road.
- Collector determined market value at Rs. 5,85,000/- per acre.
- Reference Court enhanced compensation to Rs. 392.50 per square yard.
- Land acquisition for commercial, institutional, recreational, and residential purposes in village Ajronda, District Faridabad, Haryana.
- Land Acquisition Officer determined market value at Rs. 3,38,800/- per acre for this acquisition.
- Land ad-measuring 7.81 acres acquired for semi-public use in Sector 20-B, Faridabad.
- Collector determined market value at Rs. 4,50,000/- per acre for this acquisition.
- High Court determined market value of acquired land at different rates for notifications dated 7.4.1986, 5.6.1992, and 3.7.1995
- Original landowners appealed to enhance compensation
- Reference Court enhanced compensation to Rs. 400/480 per square yard
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Arguments
- Learned counsel for the appellants argued for enhancement of compensation based on previous court decisions regarding similar notifications and lands acquired.
- Opposition to the appeals was based on the delay in filing them.
- Counsel for the State of Haryana did not dispute the arguments made by the appellants.
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Analysis
- Under Section 28A of the 1894 Act, claimants whose lands have been acquired under the same notifications are entitled to enhanced compensation.
- The claimants must receive compensation at par with other landowners under the same notifications.
- Orders dated 5.9.2022 have condoned the delay in appealing, with the condition that claimants won’t get statutory benefits or interest during the appeal period.
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Decision
- The High Court’s judgment is modified and the claimants of the land acquired under notifications dated 7.4.1986 are entitled to compensation at Rs. 435 per square yard.
- Landowners under the same notifications dated 7.4.1986, 5.6.1992, and 3.7.1995 are entitled to compensation at Rs. 435 per square yard, Rs. 860 per square yard, and Rs. 1210 per square yard respectively, as determined by a previous judgment.
- The delay in preferring the appeals is condoned but without statutory benefits/interest on the enhanced compensation amount to avoid an additional burden on the State.
- The landowners will receive all other statutory benefits under the Land Acquisition Act of 1894.
- The claimants will not receive statutory benefits, including interest, on the enhanced compensation amount from the High Court’s judgment until the appeals have been filed before this Court.
- All these appeals are partly allowed, and there will be no order as to costs.
Case Title: AMANULLAH KHAN Vs. THE STATE OF HARYANA (2022 INSC 942)
Case Number: C.A. No.-006229-006229 / 2022
