Ajay Pal And Others v. State Of Haryana And Another

Order

CA No. 610 of 2012

1. We have heard Mr Nidesh Gupta, learned Senior Counsel for the petitioners in SLP (C) No. 4869 of 2007. There is a delay of 4464 days in filing of the special leave petition, which we condone in the facts of the case, since the rate of compensation in the acquisition proceedings was challenged by the majority of the landholders, including the petitioners herein, who after moving the learned Single Judge of the High Court, went on to file letters patent appeals against the orders of the learned Single Judge. Subsequently, the Full Bench of the High Court held that such letters patent appeals were not maintainable and, accordingly, the appeals, which had been filed by the petitioners herein, were dismissed on the ground of maintainability.

2. Other claimants, however, moved this Court and subsequently, the rate of compensation was raised to Rs 200 per square yard. The petitioners also stand more or less on the same footing, but are in a disadvantageous position because their letters patent appeals were dismissed. It is for such reason that we condone the delay of 4464 days in filing of the special leave petition in this case.

3. Leave granted. It has been submitted by Mr Nidesh Gupta, learned Senior Counsel appearing for the appellants, that before the Full Bench of the High Court came to hold that letters patent appeals were not maintainable, the Division Bench of the Punjab and Haryana High Court had, in LPA No. 920 of 1994, filed by one Horam, son of Budha, held LPA No. 920 of 1994 that the appellants were entitled to compensation @ Rs 200 per square yard for the acquired land. The said order had been challenged by the State before this Court in State of Haryana v. Horam (2014) 14 SCC 127 (F9), and was dismissed on 4-7-2006. Following the said dismissal in many of the matters, which were subsequently taken up in first appeal by the High Court, the said compensation of Rs 200 per square yard was duly maintained.

4. Having regard to the above, we allow the appeal filed by Ajay Pal and others, and direct that they too should be given compensation @ Rs 200 per square yard, in respect of their lands, which had been acquired pursuant to the Notification dated 22-8-1988, along with other statutory benefits.

5. As indicated hereinbefore, this order will also govern SLP (C) No. 5316 of 2007, as well as SLPs (C) Nos. 19167-69 of 2011, wherein leave has also been granted.

CA No. 616 of 2012

6. Leave granted. This appeal is directed against the judgment and order dated 20-8-2004, passed by the Punjab and Haryana High Court, in Regular First Appeal No. 187 of 1990, determining the value of the acquired lands of the petitioner @ Rs 30 per square yard. The learned counsel appearing for the appellant has pointed out that in CA No. 1386 of 2007, which was heard along with several other civil appeals, arising out of the Notification dated 20-4-1982, issued under Section 4 of the Land Acquisition Act, 1894, which is the common notification, as far as the present appeal is concerned, this Court enhanced the compensation to Rs 45 per square yard.

7. Consequently, the appellant's case is also covered by the said decision. Accordingly, we allow the appeal, set aside the order passed by the Division Bench of the High Court and direct that the appellant will also be entitled to compensation @ Rs 45 per square yard, in respect of his lands, which had been acquired, together with all such statutory benefits, as available to him. The appeal is disposed of accordingly.