JAI PARKASH ETC ETC v. UNION TERRITORY, CHANDIGARH ETC ETC

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767[2022] 1 S.C.R. 767

767

JAI PARKASH ETC ETC

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UNION TERRITORY, CHANDIGARH ETC ETC

(Civil Appeal Nos. 1765-1767 of 2022)

MARCH 10, 2022

[M. R. SHAH AND B.V. NAGARATHNA, JJ.]

Land Acquisition Act, 1894 – ss.4 and 6 – Acquisition of land – Determination of fair market value – Just compens ation – Land Acquisition Officer assessed market value of the acquired lands @ Rs.6,87,837/- per acre – Reference Court enhanced i t, @ Rs.9,65,000/- per acre – High Court, taking average price of two sale deeds – exhibit P-73 and P-74 relied upon by original claimant s- appellants, determined the price of Rs.22,57,000/- p er acre, and, thereafter giving a cut of 50%, determined market v alue of the acquired lands at Rs.11,28,580/- (round off to Rs.11 ,30,000/-) per acre – On appeal, held: High Court relied upon sale instances exhib it P-73 and P-74 against which no appeals were preferr ed by the Administration – Therefore, findings recorded by Hig h Court that the sale instances i.e. exhibit P-73 and P-74 can be best exempl ars and can be considered for determining and assessing the market value of the lands acquired, has attained finality – Further, not hing was discussed by the High Court while applying a de duction of 50%, therefore, in the normal course the matters were to be remanded to the High Court for applying the proper cut – However, the parties requested the Supreme Court to make appropriate per centage of deduction instead of remanding the matters to the H igh Court – Considering the location of the lands acquired and that part of the acquired land abuts the National Highway No.21 and at th e same time, the sale instances exhibit P-73 & P-74 pertain to compar atively smaller plots as compared to the acquired lands, a deduction of 40 % instead of 50% as applied by the High Court, will mee t the end of justice – Accordingly, Rs.13,54,200/- per acre a warded by Supreme Court towards compensation for the acquired lands .

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768 SUPREME COURT REPORTS [2022] 1 S.C.R.

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1765- 1767 of 2022.

From the Judgment and Order dated 24.08.2015 of the High Court of Punjab and Haryana at Chandigarh in Regular First Appeal Nos.1932, 1929 and 1930 of 2003.

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Civil Appeal Nos.1768-1791, 1792-1804 and 1805-1806 of 2022.

Ravindra Bana, Ms. Radhika Gautam, Surinder Kumar Gupta, Neeraj Sharma, Jugal Kishore Gupta, Aman Rastogi, Sanjay Ra stogi, Advs. for the Appellants.

Sarad Kr. Singhania, G. S. Makker, Shree Pal Singh, Nikhil Goel, Ms. Naveen Goel, Kartik Kaushal, Adithya Koshy Roy, Sumeir Ahuja, Yajur Bhalla, Deepak Samota, Siddharth Srivastava, Shubham Bhalla, Advs. for the Respondents.

The Judgment of the Court was delivered by M. R. SHAH, J.

1. As common question of law and facts arise in this group of appeals, they are disposed of by this common judgment and order.

2. The relevant facts which are necessary for determina tion of the present appeals in a nutshell are as under:- 2.1 In all these cases a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 19.03.1999 by which the Chandigarh Administration sought to acquire 30.78 acres of land situated in Village Hallo Majra, HadbastNo.219 and 32.92 acres of land situated in Village Behlana, HadbastNo.231, Union Territory, Chandigarh, for use by Defence Security Forces.That a notification under Section 6 of the Land Acquisition Act, 1894 was issued on 23.03.1999.The Land Acquisition Officer declared the award dated 18.01.2000 and assessed the marke t value of the acquired lands of both the villages @ Rs.6,87,837/- per acre. That on reference, the learned Reference Court deter mined and enhanced the market value of the acquired landsof both the villages @ Rs.9,65,000/- per acre. The judgment and award passed by the Reference Court determining the market value of the lands @ Rs.9,65,000/- pe r acre was the subject matter of appeals before the High Court.

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2.2 At this stage, it is required to be noted that before the Reference Court, the original claimants – appellants herein relied upo n the sale deeds produced and exhibited as P-43, P-44 and P-73 and P-74. However, the learned Reference Court rejected the said sale trans actions on the ground that the said sale transactions are pertaining to s mall plots.

Therefore, the learned Reference Court discarded the same. Before the High Court also the original claimants heavily relied upon the sale instances at exhibit P-43, P-44 and P-73 and P-74.By the impug ned common impugned judgment and order, the High Court has held that the Reference Court ought to have considered the sale transactions exhibit P-73 and P-74 and ought to have determined the market value of the lands acquired, after adopting some reasonable cut. After tak ing the average price of both the sale deeds – exhibit P-73 and P-74, the High Court determined the average price of Rs.22,57,000/- per acre. That thereafter after giving a cut of 50%, the High Court has determined the market value of the acquired lands at Rs.11,28,580/- (ro und off to Rs.11,30,000/-) per acre.

2.3 Feeling aggrieved and dissatisfied with the common impugned judgment and order passed by the High Court in respective appe als, determining/assessing the market value of the lands acquired at Rs.11,30,000/- per acre, the original claimants have preferred the present appeals.

3. We have heard the learned counsel appearing on behalf of the respective parties at length.

4. At the outset, it is required to be noted that the High Court has relied upon the sale instances exhibit P-73 and P-74 against w hich no appeals have been preferred by the Chandigarh Admin istration.

Therefore, the findings recorded by the High Court that the sale instances i.e. exhibit P-73 and P-74 can be best exemplars and which can b e considered for determining and assessing the market value of the lands acquired, has attained finality.

5. Now the next question which would arise for consideration, would be,whether in the facts and circumstances of the case, the High Court is justified in applying a deductionof 50% while determi ning/ assessingmarket price?

5.1 It is to noted that as such nothing has been discussed by t he High Court while applying a deduction of 50%. Therefore, in the normal JAI PARKASH ETC ETC v.

UNION TERRITORY , CHANDIGARH ETC ETC [M. R. SHAH, J.] A B C D E F G H 770 SUPREME COURT REPORTS [2022] 1 S.C.R.

course the appeals are required to be remanded to the High Court for applying the proper cut. However, learned counsel appearing on behalf of the respective parties have prayed and requested to make the appropriate percentage of deduction by this Court instead of remanding the matters to the High Court.

6. Having heard learned counsel appearing on behalf of t he respective parties and considering the location of the lands acquired and that part of the acquired land abuts the National Highway No. 21 and at the same time, the sale instances exhibit P-73 & P- 74 pertainto comparatively smaller plots as compared to the acquired la nds (in all approximately 63.70 acres of lands) a reasonable percentage of deduction is required to be made while determining/assessing the market price.

7. Looking to the location and the purpose for which the la nds have been acquired, in the peculiar facts and circumstances of the case, we are of the opinion that if a deductionof 40 % is applied in stead of 50% as applied by the High Court, it will meet the end of justice and it can be said to be a fair market value for the acquired lands. Therefore, if a deductionof 40% is applied, it will come to Rs.13,54,200/- per acre.The present appeals are required to be allowed in part to the aforesaid extent.

8. In view of the above and for the reasons stated above, all these present appeals are allowed in part. The impugned judgments and orders passed by the High Court in respective Regular First Appeals are hereby modified to the extent of awarding Rs.13,54,200/- per acre tow ards compensation for the acquired lands (instead of Rs.11,30,000/- per acre as assessed and awarded by the High Court). The land owners sh all also be entitled to all the statutory benefits available under the Act on the enhanced amount of compensation. However, it is observed that so far as the appellants in Civil Appeal Nos.1805-1806 of 2022, arising out of the impugned judgment and order passed by the High Court in RFA No.1253 of 2004,is concerned, they shall not be entitled to any interest on 1033 days’ delay on the enhanced amount of compensation but solatium is payable on the enhanced amount of compensation for the period of delay i.e.,for the period of 1033 days in filing the Special Leave Petition before this Court. All these appeals are partly al lowed to the aforesaid extent. In view of the above there shall be no or der as to costs.

Bibhuti Bhushan Bose Appeals partly allowed.