In a recent legal case, the court delved into the intricate details of determining fair compensation rates for lands acquired from various villages. The focus was on the court’s detailed legal analysis and decisions regarding compensation amounts per acre for different villages. Navigate through the complexities of land acquisition disputes with us.
Facts
- In a case involving acquisition of lands from villages Manesar, Naharpur Kasan, Khoh, and Kasan, the compensation rate was assessed at Rs.20 lakhs per acre.
- For acquisition related to Phases II and III, landholders were entitled to compensation at the rate of Rs.37,40,000/- per acre along with other statutory benefits.
- The matters concerning Phases II and III were addressed in RFA No.2373 of 2010 (Madan Pal vs State of Haryana) at the High Court.
- The High Court erred in granting annual increase at a flat rate of 12% without considering a relevant document dated 23.11.1999.
- The matter was remitted back to the High Court for fresh consideration of the compensation to be paid to landowners and their legal representatives.
- The compensation for lands from different villages was assessed at varying amounts per acre.
- The decision in Madan Pal (III) vs State of Haryana determined specific amounts for compensation per acre from different villages and directed repayment if excess sum was received by landowners by a specified date.
- The High Court ruling was challenged and cases were remitted back for fresh disposal.
- The Reference Court assessed compensation based on the decision in Pran Sukh.
- Interest on any excess sum returned by landowners was conditional upon the return by 30th June 2019.
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Issue
- Following the decision in H vs UDAL, the main issue was whether landholders were entitled to increased compensation and not a decrease.
- The court called for a response from H regarding the extent of land and compensation determined by the Hon’ble Supreme Court.
- Specific questions were framed, such as the extent of land from three villages and the amount of compensation paid to individual landholders from these villages.
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Analysis
- The land acquired from Bas Haria, Bas Khusla, and Dhana villages has been allotted at an average rate of Rs.2784 per sq. meter.
- The compensation to landholders from the concerned villages has been at a rate of Rs.37,40,000 per acre, resulting in excess payments to them.
- HSIIDC collected Rs.2157.65 crore from subsequent allottees but paid only Rs.925.26 crore to landowners despite various court orders.
- The issue of additional compensation demanded from allottees in the concerned villages is Rs.921.41 crore with interest, as per the judgment in Wazir vs State of Haryana.
- The Court is considering the possibility of exercising powers under Article 142 of the Constitution to relieve landholders from returning excess amounts paid.
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Decision
- Allotees of the lands in question not entitled to maintain any action for refund only on account of Orders passed in these proceedings
- Compensation of Rs.37,40,000/- per acre received by landholders from concerned villages; they do not need to return any excess amounts
- Disposal of instant applications without any order as to costs
- Modification of direction (e) in the Judgment in Wazir vs State of Haryana to the extent indicated
- Amount of compensation fixed at Rs.29,77,333/- per acre in respect of lands from concerned villages remains unchanged
Case Title: HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED Vs. RAMESHWAR DASS (DEAD) (2021 INSC 238)
Case Number: MA-000926-000930 / 2019
