State of Haryana v. Parveen Kumar

Supreme Court of India · 16 May 2018

Kurian Joseph; Mohan M. Shantanagoudar

Civil Appeal No. 5545-5574 of 2018

2018 INSC 524

property appeal_allowed Significant

AI Summary

The Supreme Court reduced the compensation for land acquisition fixed by the High Court from Rs. 1.46 crore to Rs. 95 lakhs per acre, applying a precedent-based valuation method with appropriate deductions.

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5545-5574 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 13484-13513 OF 2018]
[@ SPECIAL LEAVE PETITION (C) …..CC NOs. 9490-9519 OF 2017
STATE OF HARYANA & ORS. Appellant(s)

VERSUS

PARVEEN KUMAR ETC Respondent(s)

WITH

CIVIL APPEAL NO. 5575-5604 OF 2018
[@ SPECIAL LEAVE PETITION (C) NOS. 13515-13544 OF 2018]
[DIARY NO. 21880 OF 2017]

JUDGMENT

KURIAN, J.

1. Leave granted.

2. The appellants are before this Court, aggrieved by the land value fixed by the High Court in respect of the lands acquired from the respondents. We find that the connected appeals arising out of the common impugned Judgment have been disposed of vide Judgment dated 13.09.2017 passed in Civil Appeal Nos. 13132-13141 of 2017 and other connected matters. The operative portion of the Judgment reads as follows:-

“32. Even if we calculate compensation by adding between 12 to 13% flat increase, taking base price at Rs.1560/- granted in the case of Swaran Singh in the facts of the case, the price would come approximately to

018 INSC 524 Rs.1.10 crores per acre. Further deduction in addition to deduction made in Swaran Singh ’s case (supra) is required to be made towards development, it would be appropriate to deduct further amount of Rs.15 lakhs. Thus the compensation that we award comes to Rs.95 lakhs per acre, not Rs.1,46,09,000/- as determined by the High Court. Approximation of compensation, when made on comparable sale method, would by and large be similar. We reduce the amount awarded by the High Court. Thus, we deem it appropriate to award the amount @ Rs.95 lakhs per acre along with statutory benefits.”

3. These appeals are also disposed of in terms of the Judgment referred to above ........................ J. [ KURIAN JOSEPH ] ....................... J. [ MOHAN M. SHANTANAGOUDAR ] New Delhi; May 16, 2018. ITEM NO.42 COURT NO.5 SECTION IV-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 9490-9519/2017 (Arising out of impugned final judgment and order dated 24-02-2016 in RFA No. 219/2015 24-02-2016 in RFA No. 3861/2014 24-02-2016 in RFA No. 3863/2014 24-02-2016 in RFA No. 3864/2014 24-02-2016 in RFA No. 3865/2014 24-02-2016 in RFA No. 3866/2014 24-02-2016 in RFA NO. 3867/2014 24-02-2016 in RFA No. 3868/2014 24-02-2016 in RFA NO. 3869/2014 24-02-2016 in RFA No. 3870/2014 24-02-2016 in RFA NO. 3872/2014 24-02-2016 in RFA No. 3873/2014 24-02-2016 in RFA NO. 3874/2014 24-02-2016 in RFA No. 3875/2014 24-02-2016 in RFA NO. 3876/2014 24-02-2016 in RFA No. 3877/2014 24-02-2016 in RFA NO. 3878/2014 24-02-2016 in RFA No. 3968/2014 24-02-2016 in RFA NO. 3969/2014 24-02-2016 in RFA No. 3970/2014 24-02-2016 in RFA NO. 3971/2014 24-02-2016 in RFA No. 3972/2014 24-02-2016 in RFA NO. 3973/2014 24-02-2016 in RFA No. 3981/2014 24-02-2016 in RFA NO. 3982/2014 24-02-2016 in RFA No. 3983/2014 24-02-2016 in RFA NO. 3984/2014 24-02-2016 in RFA No. 4173/2014 24-02-2016 in RFA NO. 4174/2014 24-02-2016 in RFA No. 4175/2014 passed by the High Court Of Punjab & Haryana At Chandigarh)

VERSUS

PARVEEN KUMAR ETC Respondent(s) WITH Diary No(s). 21880/2017 (IV-B) Date: 16-05-2018 These matters were called on for hearing today. CORAM: HON'BLE MR.

JUSTICE KURIAN JOSEPH HON'BLE MR.

JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Dr. Monika Gusain, AOR For Respondent(s) Mr. Sameer Singh, Adv. Dr. Sushil Balwada, AOR Mr. R. K. Kapoor, Adv. Ms. Kheyali, Adv. Mr. Rajat Kapoor, Adv. Mr. Anis Ahmed Khan, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Leave granted. The appeals are disposed of in terms of the signed non-reportable Judgment. Pending Interlocutory Applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)

State of Haryana v. Parveen Kumar

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JUDGMENT

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