JASPAL SINGH & OTHERS versus THE STATE OF HARYANA AND OTHERS

Parties

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against High Court Judgment

Legal Issues

1. 1 Whether the lands acquired for Jhajjar Thermal Power Plant and Arawali Power Project are similarly situated and therefore entitled to comparable compensation
2. 2 Whether sale deeds executed after issuance of Section 4 notification can be relied upon as comparable evidence
3. 3 Whether interest on enhanced compensation is payable where appeals were delayed and condoned by the High Court

Ratio Decidendi

The Supreme Court held that the lands acquired for Jhajjar Thermal Power Plant and for Arawali Power Project are similarly situated (some parcels even from the same survey number) and, having regard to the evidence and sale instances and the need to award just and reasonable compensation, modified the High Court judgment to award compensation at Rs.22,00,000 per acre to the landowners; statutory benefits including interest under the Act, 1894 are payable except for certain appellants who are not entitled to interest for the period of delay in filing/refiling appeals as per a High Court order.

Court Disposition

Appeals allowed in part; impugned High Court judgment modified

Orders

• Impugned common judgment and order of the High Court modified to award compensation at Rs.22,00,000 per acre to landowners whose lands were acquired for Jhajjar Thermal Power Plant
• Landowners entitled to all statutory benefits including interest available under the Land Acquisition Act, 1894