KASHMIR SINGH versus STATE OF HARYANA & ORS.

KASHMIR SINGH versus STATE OF HARYANA & ORS.

Based on precedent Asharfi case and considering the peculiar facts including attrition in land rates between 1993-2001, the court determined compensation by applying a 12% annual increase for four years to the 1993 base value, followed by one-third deduction, resulting in Rs.514/- per square yard as fair compensation for the appellants’ acquired land.

Parties
Appellant: Kashmir Singh; Respondent: State of Haryana & Ors.; Respondent: HAFED (Haryana State Co-operative Supply and Market Federation Ltd.)
Jurisdiction
India
Judgment Date
13 December 2013
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal allowed to the extent of enhancement of compensation.
Legal Topics
Compensation Determination, Land Valuation, Statutory Escalation, Procedural Requirements Under Land Acquisition Act
Land Acquisition Property Law Compensation Determination Land Valuation Statutory Escalation Procedural Requirements Under Land Acquisition Act

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Parties

Kashmir Singh

Appellant

State of Haryana & Ors.

Respondent

HAFED (Haryana State Co-operative Supply and Market Federation Ltd.)

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 What is the appropriate compensation for land acquired in Tohana, District Fatehabad, Haryana in 2001 under the Land Acquisition Act, 1894?
  2. 2 Whether the compensation fixed by the Additional District Judge and affirmed by the High Court warrants further enhancement?

Ratio Decidendi

Based on precedent Asharfi case and considering the peculiar facts including attrition in land rates between 1993-2001, the court determined compensation by applying a 12% annual increase for four years to the 1993 base value, followed by one-third deduction, resulting in Rs.514/- per square yard as fair compensation for the appellants’ acquired land.

Court Disposition

Appeal allowed to the extent of enhancement of compensation.

Orders

  • Compensation for acquired land fixed at Rs.514/- per square yard for the appellants.
  • Appeals disposed of.