RAMESHWAR DASS versus THE STATE OF PUNJAB

RAMESHWAR DASS versus THE STATE OF PUNJAB

The High Court's approach in determining compensation based on location, quality, and proximity to Chandigarh, applying appropriate deduction and escalation to arrive at village-wise rates, is just and proper and calls for no interference. No grounds exist to further enhance the rate beyond what was fixed by the High Court in the impugned order.

Parties
Appellant: Rameshwar Dass; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
14 March 2019
Procedural Posture
Civil Appeal / Appeal to Supreme Court From High Court Judgment
Outcome
All appeals except C.A.@ SLP(C) No.6261/2014 dismissed; C.A.@ SLP(C) No.6261/2014 allowed with relief as in Hari Singh's case, without interest for specified period
Legal Topics
Compensation Determination, Market Value of Land, Enhancement of Rates, Deduction and Escalation in Valuation
Land Acquisition Compensation Determination Market Value of Land Enhancement of Rates Deduction and Escalation in Valuation

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Parties

Rameshwar Dass

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From High Court Judgment

Legal Issues

  1. 1 Whether appellant is entitled to further enhancement in compensation awarded by the High Court for acquired land in village Bhago Majra
  2. 2 Whether the High Court's method of determination of market rate for acquired land in nine villages was just and proper

Ratio Decidendi

The High Court's approach in determining compensation based on location, quality, and proximity to Chandigarh, applying appropriate deduction and escalation to arrive at village-wise rates, is just and proper and calls for no interference. No grounds exist to further enhance the rate beyond what was fixed by the High Court in the impugned order.

Court Disposition

All appeals except C.A.@ SLP(C) No.6261/2014 dismissed; C.A.@ SLP(C) No.6261/2014 allowed with relief as in Hari Singh's case, without interest for specified period

Orders

  • Appeals in C.A.@ SLP(C) No.5513/2014, 17144/2014, 8073/2014, 29928/2014, 8098/2014 dismissed
  • C.A.@ SLP(C) No.6261/2014: Order dismissing recall application and RFA order set aside; appellant entitled to same relief as in Hari Singh's case but not to interest for 13.01.2009-01.08.2013; authorities directed to disburse compensation