HARIDWAR DEVELOPMENT AUTHORITY versus RAGHUBIR SINGH

HARIDWAR DEVELOPMENT AUTHORITY versus RAGHUBIR SINGH

As the acquisition is of a comparatively small, compact extent of village land (about 38 bighas), and with no material indicating some areas were less advantageously situated, compensation should be awarded at a uniform rate. The market value must be increased by 12% in view of the one-year gap between sale exemplar and preliminary notification. Interest under section 28 is warranted as the High Court's award resulted in enhancement for some lands.

Parties
Appellant: Haridwar Development Authority; Respondent: Raghubir Singh
Jurisdiction
India
Judgment Date
29 January 2010
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeals by Authority dismissed, appeals by claimants allowed
Legal Topics
Compensation, Belting Method, Interest, Enhancement of Compensation
Land Acquisition Compensation Belting Method Interest Enhancement of Compensation

Case Brief

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Parties

Haridwar Development Authority

Appellant

Raghubir Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the High Court ought to have adopted the belting method for award of compensation
  2. 2 Whether the compensation awarded requires to be increased
  3. 3 Whether the award of interest under section 28 of the Land Acquisition Act is sustainable

Ratio Decidendi

As the acquisition is of a comparatively small, compact extent of village land (about 38 bighas), and with no material indicating some areas were less advantageously situated, compensation should be awarded at a uniform rate. The market value must be increased by 12% in view of the one-year gap between sale exemplar and preliminary notification. Interest under section 28 is warranted as the High Court's award resulted in enhancement for some lands.

Court Disposition

Appeals by Authority dismissed, appeals by claimants allowed

Orders

  • Compensation increased from Rs.26.25 per sq.ft. to Rs.29.50 per sq.ft.
  • Claimants entitled to all statutory benefits: additional amount under section 23(1A), solatium under section 23(2), and interest under section 28 of the Land Acquisition Act.