Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 18.10.2019 passed by the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal (RFA)
No 1100/2013 and other allied first appeals, by which, the High Court has allowed the said first appeals in part preferred by the original land owners and has enhanced the amount of compensation for the lands acquired at Rs. 2 Dissatisfied with the impugned judgment and order passed by the High Court determining and awarding the compensation for the lands acquired vide notification dated 13.01.2010 at Rs. 2,98,54,720/- per acre for the lands acquired vide notification dated 13.01.2010, the High Court has materially erred in taking into consideration and/or relying upon the judgment of this Court passed in Civil Appeal Nos.
It is submitted that therefore, while passing the impugned judgment and order the High Court has materially erred in taking into consideration the amount awarded by this Court vide judgment and order passed in Civil Appeal Nos. 1
It is further submitted that even otherwise considering the sale instances produced on record right from 09.03.2007 till 31.03.2008 there was increase in prices and therefore, the High Court has not committed any error in granting the enhancement of 12% on Rs.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
However, it is required to be noted that even on merits also, this Court considered and accepted the sale instances produced on behalf of the land owners ranging between 2007 and 2008.
2,38,00,000/- per acre with respect to the land acquired vide notification issued on 25.01.2008 can be said to be the base and considering the time gap between 2008 notification and 2010 notification, a suitable enhancement ranging between 8% to 15 % is given which is held to be permissible as per the catena of decisions of this Court right from the decision in the case of Pehlad Ram Vs.
Present appeals are partly allowed to the aforesaid extent and it is held that the original land owners shall be entitled to the compensation at Rs.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
No costs.
Case Title: THE STATE OF HARYANA Vs. SUBHASH CHANDER (2023 INSC 120)
Case Number: C.A. No.-000859-000899 / 2023
