Page 1

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 1071-1073 OF 2012 OM PARKASH & ORS.ETC.                       Appellant(s)

                               VERSUS STATE OF HARYANA                    Respondent(s)

WITH CIVIL APPEAL NO. 1074 OF 2012

CIVIL APPEAL NO. 4261-4262 OF 2012 CIVIL APPEAL NO. 7791-7792 OF 2012 CIVIL APPEAL NO. 8948-8949 OF 2012

CIVIL APPEAL NO. 3904 OF 2014

J U D G M E N T

KURIAN, J.  

1. Delay in filing the application for substitution

is condoned and the application for substitution is allowed in Civil Appeal Nos. 4261-4262 of 2012.   2. An extent of 233.09 acres of land situated in the  Revenue  Estate  of  Village  Devi  Nagar, Sub-Division Kalka, District Ambala was acquired for the development and utilization of the land

Page 2

2

as  recreational  and  commercial  for  Sector  3, Urban Estate, Panchkula.   

3. Section  4(1)  Notification  was  issued  on 31.03.1987.  By an Award dated 13.03.1997, the Reference Court fixed the land value at the rate of Rs. 31 per sq. yard, which has been affirmed by  the  High  Court  and  thus,  aggrieved  by  the impugned Judgment and order of the High Court, the appellants are before this Court.

4. The appellants have mainly placed reliance on a Judgment of the Punjab and Haryana High Court in  Prakash Rani & Ors. Vs. State of Haryana & Ors. in RFA No. 41 of 1997 in LAC No. 38 of 1993, decided  on  29.10.2009.   The  said  land  is  in village Kharak Mangoli and Majri, Tehsil Kalka. The High Court confirmed the land value fixed by the Reference Court at the rate of Rs. 250 per sq. yard.  In that, the Section 4(1) Notification dated 02.07.1985 was almost two years prior to that of the appellants.   That value at the rate of Rs. 250 per sq. yard has been confirmed by this Court in Prakash Rani’s case in Civil Appeal No.  5134  of  2012  decided  on  10.07.2012.

Page 3

3

According  to  the  appellants,  though  they  are entitled to claim escalation of two years on the value fixed in Prakash Rani’s case, in having not taken such a ground before the High Court, they have limited their claim at the rate of Rs.250 per sq. yard.

5. The learned counsel appearing for the State contends that there was no evidence before the Reference Court that the land of the appellants situated in Village Devi Nagar are adjoining to the  land  of  Prakash  Rani  in  Village  Kharak Mangoli  and  the  lands  have  the  same  potential value.  Our special attention has been invited to the following observations made by the High Court in the impugned Judgment :-

"However,  there  is  no  connecting

evidence  to  demonstrate  that  the

acquired  land  as  well  as  the  land

under acquisition in Parkash Rani's

case  (supra),  has  the  similar

potential value.  Even the location

of the land under reference and the

land  in  Parkash  Rani's  case  could

Page 4

4

not be identified.  There is no site

plan/map of the area to demonstrate

that  lands  in  both  the  cases  are

having the same potential value.  A

perusal of the judgment in Parkash

Rani's case (supra) would show that

the  land  under  acquisition  of

village Kharag Mangoli and Majri was

just  opposite  a  fully  developed

Sector 1, Panchkula which was just

opposite  the  acquired  land  and  in

fact  the  whole  of  the  area  was

already  a  business  center  whereas

the land in question is admittedly

on the banks of Ghaggar river and on

the other side some jhuggis are in

existence."  

6. The  learned counsel  for the  appellants has drawn our attention to the Award passed by the Collector  in  their  case  which  is  produced  as Annexure P1.  On a discussion on market value, the Collector has observed as follows :-

Page 5

5

"The  location  of  the  land  under

acquisition  is  like  this.  On  the

southern side is Sector-21, Panchkula.

In  the  Northern  side  is  the  land  of

village Majri and Kharag Mangoli which

is already acquired.  On the Western

side, across the National Highway No.

22 are Sector 2and 4 and on the Eastern

side is river Ghaggar.   

In order to determine the value of

the land the date of notification u/s 4

which is material date is to be kept in

view.   This  date  is  31.8.1987.   The

District  Collector,  Deputy

Commissioner,  Ambala  was  requested  to

supply Collector rate as required under

Para  12  of  Financial  Commissioner's

Standing Order No. 28.  The Collector

rates  supplied  by  the  Deputy

Commissioner, Ambala vide his Memo No.

LA[153]/87/DRA/881 dated 21.3.1989 are

Rs. 1 lac per acre for the entire area

to  be  acquired.   The  land  under

acquisition  is  very  advantageously

Page 6

6

situated  and  has  a  great  potential

value as on the entire length of it on

the  Western  side  it  is  abutting  the

national highway No. 22 [Ambala-Kalka]

and  across  this  road  are  fully

developed  sectors  2  and  4  of  the

prestigious Urban Estate of Panchkula.

On the northern and Southern sides of

this  land,  the  lands  of  village

Majri/Kharag  Mangoli  and  village

Maheshpur [Sector 21] have already been

acquired for residential and commercial

purposes  for  the  Urban  Estate,

Panchkula.  On the Eastern side flows

River Ghaggar and beyond that Shivalik

and  Morni  hills  present  a  very

beautiful panoramic view."  

7. Therefore,  the  Land  Acquisition  Collector himself having found that the acquired land has much potential and that the same is adjoining the village Kharak Mangoli, we fail to understand how the High Court could observe that there was no evidence  available  regarding  the  similarity  or potentiality.

Page 7

7

  8. The map for the acquired land would also show that the land had access not only to the National Highway No. 22, but also to National Highway No. 73.

9. In that view of the matter, we do not find any justification at all in not granting the same land value as has been given to the land owners covered  in  Prakash  Rani's  case  and  other adjoining lands.

10. Not only that, it is seen from the records that  except  the  case  of  the  appellants,  all others in village Kharak Mangoli, Kharak Majri, Village Nadian, Village Fatehpur etc. have been granted Rs. 250 per sq. yard and more.  In the case of acquisition of village Kharak Mangoli and Kharak Majri, the Notification, as a matter of fact, is of the year 1985, whereas in the case of the appellants, it is of the year 1987.

11. Therefore,  we  allow  these  appeals.   The appellants shall be entitled to their land value fixed at the rate of Rs. 250 per sq. yard along

Page 8

8

with all statutory benefits.  The amount due to the appellants shall be computed on that basis and deposited by the respondent-State before the Executing Court within a period of four months from today.   

No costs.       .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [ ROHINTON FALI NARIMAN ]  New Delhi; February 17, 2016.