HARPAL SINGH AND ANR. ETC. ETC. versus STATE OF PUNJAB ETC. ETC.

HARPAL SINGH AND ANR. ETC. ETC. versus STATE OF PUNJAB ETC. ETC.

The appeals were partly allowed: the compensation awarded by the High Court is enhanced by Rs.1,00,000 per acre in the Civil Appeal arising out of RFA No.1614 of 2000 and by Rs.2,00,000 per acre in the remaining Civil Appeals; original landowners are entitled to solatium on the enhanced amount; however, they are not entitled to statutory benefits including interest under the Land Acquisition Act from the date of the respective High Court judgments until the filing of the appeals in this Court; the enhanced amount shall be deposited by the Greater Mohali Area Development Authority within three months.

Parties
Appellants: Harpal Singh and Anr.; Respondents: State of Punjab etc.
Jurisdiction
India
Judgment Date
23 September 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Judgments and Orders Dated 01.05.2012, 02.03.2009, 09.11.2009 and 28.01.2010 From the High Court of Punjab and Haryana
Outcome
Appeals partly allowed
Legal Topics
Determination of Compensation, Enhancement of Compensation, Solatium, Statutory Interest, Delay and Denial of Statutory Benefits, Deposit of Compensation
Land Acquisition Compensation Determination of Compensation Enhancement of Compensation Solatium Statutory Interest Delay and Denial of Statutory Benefits Deposit of Compensation

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Parties

Harpal Singh and Anr.

Appellants

State of Punjab etc.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgments and Orders Dated 01.05.2012, 02.03.2009, 09.11.2009 and 28.01.2010 From the High Court of Punjab and Haryana

Legal Issues

  1. 1 Whether the compensation awarded by the High Court should be enhanced in view of this Court's decisions in Kapoor Singh and Surjit Singh
  2. 2 Whether solatium is payable on the enhanced amount of compensation
  3. 3 Whether statutory benefits including interest should be payable from the date of the High Court judgments until filing of appeals given delay

Ratio Decidendi

The appeals were partly allowed: the compensation awarded by the High Court is enhanced by Rs.1,00,000 per acre in the Civil Appeal arising out of RFA No.1614 of 2000 and by Rs.2,00,000 per acre in the remaining Civil Appeals; original landowners are entitled to solatium on the enhanced amount; however, they are not entitled to statutory benefits including interest under the Land Acquisition Act from the date of the respective High Court judgments until the filing of the appeals in this Court; the enhanced amount shall be deposited by the Greater Mohali Area Development Authority within three months.

Court Disposition

Appeals partly allowed

Orders

  • Enhanced compensation by Rs.1,00,000 per acre in Civil Appeal arising out of RFA No.1614 of 2000 dated 28.01.2010
  • Enhanced compensation by Rs.2,00,000 per acre in remaining Civil Appeals arising out of impugned judgments dated 01.05.2012/02.03.2009/09.11.2009