STATE OF HARYANA & ANR. versus SUBHASH CHANDER & ORS.

STATE OF HARYANA & ANR. versus SUBHASH CHANDER & ORS.

Although the Court noted that the earlier decision in State of Haryana v. Ram Chander stated it may not be treated as a precedent, the Court accepted that the Rs.2,38,00,000/- per acre determined for lands acquired on 25.01.2008 could be used as the base; considering the time gap to the 13.01.2010 acquisition and...

Source-derived case information.

Parties
Appellant: State of Haryana & Anr.; Respondent: Subhash Chander & Ors.
Jurisdiction
India
Judgment Date
10 February 2023
Procedural Posture
Civil Appeal / Appeal From the High Court Judgment and Order Dated 18.10.2019
Outcome
Appeals partly allowed
Legal Topics
Determination of Compensation, Market Valuation of Land, Statutory Benefits Under Land Acquisition Act, Precedential Value of Prior Decisions
Land Acquisition Act, 1894 Compensation Property Law Determination of Compensation Market Valuation of Land Statutory Benefits Under Land Acquisition Act Precedential Value of Prior Decisions

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Parties

State of Haryana & Anr.

Appellant

Subhash Chander & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court Judgment and Order Dated 18.10.2019

Legal Issues

  1. 1 Whether the High Court materially erred in relying on the earlier Supreme Court judgment in State of Haryana v. Ram Chander to determine compensation for lands acquired vide notification dated 13.01.2010
  2. 2 Whether a cumulative increase of 12% on the base award for 25.01.2008 was justified for valuation as on 13.01.2010
  3. 3 What is the correct market value per acre and just compensation for lands acquired vide notification dated 13.01.2010

Ratio Decidendi

Although the Court noted that the earlier decision in State of Haryana v. Ram Chander stated it may not be treated as a precedent, the Court accepted that the Rs.2,38,00,000/- per acre determined for lands acquired on 25.01.2008 could be used as the base; considering the time gap to the 13.01.2010 acquisition and the sale instances on record, an enhancement between 8% and 15% is permissible under precedent, and on the facts a 10% increase on Rs.2,38,00,000/- per acre was held to be just, fixing the market value at Rs.2,87,98,000/- per acre and awarding compensation at that rate with all statutory benefits; the State was directed to deposit/pay the compensation within six weeks after...

Court Disposition

Appeals partly allowed

Orders

  • Impugned High Court judgment modified to award compensation at Rs. 2,87,98,000/- per acre for lands acquired vide notification dated 13.01.2010
  • Original land owners entitled to compensation at Rs. 2,87,98,000/- per acre with all other statutory benefits under the Land Acquisition Act, 1894