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Nand Ram v. State Of Haryana
Factual and Procedural Background
The appellants owned land that was acquired under a government notification. Other landowners whose lands were acquired under the same notification had been awarded compensation at the rate of Rs. 17.50 per square yard. The appellants sought to amend their memorandum of appeal before the High Court to claim compensation on the same basis. The High Court refused the amendment. The appellants obtained special leave, and the present opinion resolves their request for amendment.
Legal Issues Presented
- Whether the appellants should be permitted to amend the memorandum of appeal to claim compensation equal to that awarded for similarly situated lands acquired under the identical notification.
- Whether the State can lawfully pay different compensation rates for lands acquired under the same notification and for the same purpose.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court observed that lands acquired under the same notification for the same purpose must attract identical compensation. It concluded that the appellants were entitled to seek the same rate—Rs. 17.50 per square yard—along with solatium and interest “in accordance with law as declared by this court.” Consequently, the High Court should have allowed the amendment so the appellants could claim compensation on parity with adjoining landowners. The Court therefore granted the amendment and remitted the matter to the High Court for appropriate orders consistent with this principle.
Holding and Implications
The appeal is ALLOWED; the prayer for amendment is granted.
The matter is remanded to the High Court to determine compensation at the claimed rate, along with solatium and interest as permitted by law. No order as to costs was made. The decision directly affects only the parties by permitting the amended claim; the opinion does not establish a new precedent.
(1) Special leave granted. Heard both the sides. We are of the opinion that the prayer for amendment of the memorandum of appeal to enable the appellant to claim appropriate compensation on the basis of compensation awarded to those whose similar situated-lands were acquired under the identical notification should have been granted by the High court. The State cannot refuse to pay in respect of lands acquired under the same notification compensation awarded to the land owners whose similarly-situated lands had been acquired under the same notification for the same purpose by the Notification of the same date. Appeal is, therefore allowed. Prayer for amendment is granted. The matter will go back to the High court for passing an appropriate order in accordance with law in the context of the plea that the adjoining similarly-situated-land also acquired in the same circumstances having been valued at Rs. 17.50 per sq. yard, the appellants are entitled to claim compensation at the rate of Rs. 17.50 per sq. yard along with solatium and interest in accordance with law as declared by this court.
(2) The appeal is disposed of accordingly. There will be no order as to costs.
(3) Court fee will be paid within three months of the date of receipt of the record in the High court.
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