Land Acquisition Compensation Enhancement: Legal Analysis

In a recent legal ruling on land acquisition compensation, the Court delves into the intricacies of enhancing compensation amounts and denial of statutory benefits. This summary focuses on the legal analysis provided by the Court, shedding light on the complexities of the case and its implications for similar situations.

Facts

  • In certain first appeals, the Court enhanced the compensation amount by Rs. 1,00,000/- and Rs. 2,00,000/- per acre respectively
  • The compensation amount in RFA No.1614 of 2000 was awarded at Rs. 7,80,000/- per acre
  • The High Court relied on its previous decisions in the cases of Surjit Singh and Kapoor Singh to determine the compensation amounts in respective appeals
  • Appeals against the decisions in Surjit Singh and Kapoor Singh cases were brought before this Court

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Analysis

  • Landowners in the present appeals are similarly situated.
  • High Court relied on earlier decisions in the cases of Surjit Singh & Kapoor Singh while determining compensation.
  • Present appeals to be disposed of in terms of the decision in the cases of Surjit Singh & Kapoor Singh.
  • Enhancement of compensation by a further sum of Rs. 2,00,000/- per acre and Rs. 1,00,000/- per acre respectively is required.
  • There is substantial delay in preferring the first appeals.

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Decision

  • The appeals have been partly allowed.
  • Greater Mohali Area Development Authority must deposit the enhanced compensation within three months before the Reference Court.
  • The amount of compensation payable to the landowners has been increased by Rs. 2,00,000 per acre in certain Civil Appeals.
  • No costs have been ordered in the given circumstances.
  • The compensation payable to landowners has been further increased by Rs. 1,00,000 per acre in a specific Civil Appeal.
  • Original landowners are entitled to solatium on the enhanced compensation.
  • Statutory benefits, including interest under the Land Acquisition Act, are denied to the original landowners from the date of High Court judgments till the filing of appeals in the Supreme Court.
  • Statutory benefits and interest on the enhanced compensation are denied from the date of High Court judgments till the filing of appeals in the Supreme Court.
  • The appeals have been disposed of as per the above terms.

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Case Title: HARPAL SINGH Vs. STATE OF PUNJAB (2022 INSC 1018)

Case Number: C.A. No.-006744-006758 / 2022

Click here to read/download original judgement

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