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Harpal Singh Vs. State of Punjab [23/09/2022]

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Harpal Singh and Anr. Etc. Etc. Vs. State of Punjab Etc. Etc.

[Civil Appeal Nos. 6744-6758 of 2022]

Nasib Singh and Anr. Etc. Etc. Vs. State of Punjab Ors. Etc. Etc.

[Civil Appeal Nos. 6740-6743 of 2022]

Mehar Singh and Anr. Etc. Etc. Vs. State of Punjab Etc. Etc.

[Civil Appeal Nos. 6734-6739 of 2022]

M.R. Shah, J.

1. As common question of law and facts arise in these group of appeals, all these appeals are being decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common judgment(s) and order(s) dated 01.05.2012 / 02.03.2009 / 09.11.2009 passed in the respective first appeals, the particulars of which are as under:-

Sl. No

Particulars

RFA No. Date of Order

Section 4 Notification date

1.

Harpal Singh and Anr. Vs. State of Punjab

3941/2007

01.05.2012

21.11.2002

2.

Parkash Singh (Dead) Thr. LRs. Vs. State of Punjab

3942/2007

01.05.2012

21.11.2002

3.

Ajaib Singh and Ors. Vs.State of Punjab

3943/2007

01.05.2012

21.11.2002

4.

Gian Singh and Ors. Vs. State of Punjab and Anr.

3944/2007

01.05.2012

21.11.2002

5.

Amirk Singh and Ors. Vs. State of Punjab

3945/2007

01.05.2012

21.11.2002

6.

Parkash Singh (Dead) Thr. LRs. and Ors. Vs. State of Punjab

3946/2007

01.05.2012

21.11.2002

7.

Bakhtaur Singh (Dead) Thr. LRs. Vs. State of Punjab and Ors.

3947/2007

01.05.2012

21.11.2002

8.

Bachan Singh (Dead) Thr. LRs. Vs. State of Punjab

3948/2007

01.05.2012

21.11.2002

9.

Labh Singh (Dead) Thr. LRs. and Anr. Vs. State of Punjab

3949/2007

01.05.2012

21.11.2002

10.

Ajmer Singh and Anr. Vs. State of Punjab

3952/2007

01.05.2012

21.11.2002

11.

Sajjan Singh Vs. State of Punjab

3953/2007

01.05.2012

21.11.2002

12.

Tarlochan Singh and Ors. Vs. State of Punjab and Ors.

4485/2007

01.05.2012

21.11.2002

13.

Gurdev Singh and Ors. Vs. State of Punjab and Anr.

1448/2008

01.05.2012

21.11.2002

14.

Amar Singh and Ors. Vs.State of Punjab

2871/2008

01.05.2012

21.11.2002

15.

Gurdip Singh and Ors. Vs. State of Punjab

3974/2008

01.05.2012

21.11.2002

16.

Mehar Singh and Anr. Vs. State of Punjab

784/2007

02.03.2009

21.02.2000

17.

Mewa Singh (Dead) and Ors. Vs. State of Punjab

783/2007

02.03.2009

21.02.2000

18.

Jagir Singh (dead) and Ors. Vs. State of Punjab

2715/2007

02.03.2009

21.02.2000

19.

Norata Singh (Dead) and Ors. Vs. State of Punjab

4319/2006

09.11.2009

21.02.2000

20.

Hardial Singh (Dead) and Ors. Vs. State of Punjab and Anr.

4300/2006

09.11.2009

21.02.2000

21.

Jagir Singh (Dead) and Ors. Vs. State of Punjab and Anr.

1614/2000

28.01.2010

21.02.2000

22.

Nasib Singh and Anr. Vs. State of Punjab and Ors.

3112/2005

02.03.2009

21.02.2000

23.

Sher Singh (Dead) Thr. LRs. and Anr. Vs. State of Punjab

4318/2006

02.03.2009

21.02.2000

24.

Manjit Kaur Vs. State of Punjab and Anr.

4088/2007

02.03.2009

21.02.2000

25.

Karnail Singh and Ors. Vs. State of Punjab and Anr.

1468/2008

09.11.2009

21.02.2000

determining the compensation @ Rs. 19,85,700/- per acre in respective first appeals, except RFA No. 1614 of 2000, the original claimants/landowners have preferred the present appeals. 2.1 In RFA No.1614 of 2000, the High Court has awarded the compensation @ Rs. 7,80,000/- per acre.

3. At the outset, it is required to be noted that while determining the amount of compensation @ Rs. 19,85,700/- per acre in the respective first appeals, the High Court has relied upon its earlier decision in the case of Surjit Singh Vs. State of Punjab Another (RFA No. 3004/2006 decided on 2.3.2009). So far as Civil Appeal arising out of RFA No. 1614 of 2000 is concerned, the High Court has determined the amount of compensation @ Rs. 7,80,000/- per acre alongwith solatium relying upon its earlier decision in the case of Kapoor Singh Vs. The State of Punjab Another (RFA No. 2348/1998 decided on 28.01.2010).

4. It is not in dispute that the aforesaid decisions of the High Court in the cases of Surjit Singh (supra) Kapoor Singh (supra) were the subject matter of appeals before this Court. In the case of Kapoor Singh (supra) and other allied first appeals, this Court has enhanced the amount of compensation by a further sum of Rs.1,00,000/- and in the case of Surjit Singh (supra), the same has been enhanced by a further sum of Rs. 2,00,000/- per acre, payable by the Greater Mohali Area Development Authority with interest and solatium as prescribed by the Statute from the date of the orders passed by the High Court (vide common order dated 15.01.2014 passed in Civil Appeal Nos. 738-748/2014 – Kapoor Singh Vs. State of Punjab Another Etc. and Civil Appeal No. 363/2013 – Surjit Singh Vs. State of Punjab Anr. Etc.).

5. It is not in dispute that the landowners in the present appeals are also similarly situated. As observed hereinabove, while determining the compensation by the impugned common judgment and order/s, the High Court has relied upon its earlier decisions in the cases of Surjit Singh (supra) Kapoor Singh (supra) respectively. Therefore, the present appeals are also required to be disposed of in terms of the decision of this Court in the cases of Surjit Singh (supra) Kapoor Singh (supra), by enhancing the amount of compensation by a further sum of Rs.2,00,000/- per acre and Rs. 1,00,000/- per acre respectively. However, there is a substantial delay in preferring the first appeals. Therefore, we deem it appropriate to deny the statutory benefits including interest on the enhanced amount of compensation from the date of the judgment/s and order/s passed by the High Court till the present appeals (special leave petitions) have been preferred before this Court.

6. In view of the above facts, all these appeals are partly allowed. Accordingly, we enhance the amount of compensation payable to the landowners by a further sum of Rs. 1,00,000/- per acre in Civil Appeal arising out of RFA No. 1614 of 2000 dated 28.01.2010. We enhance the amount of compensation payable to the landowners by a further sum of Rs. 2,00,000/- per acre in remaining Civil Appeals arising out of impugned common judgment(s) and order(s) dated 01.05.2012 / 02.03.2009 / 09.11.2009. It is also ordered that the original landowners shall be entitled to solatium as prescribed under the statute on the enhanced amount of compensation.

It is also further ordered that the original landowners / claimants shall not be entitled to any statutory benefits including the interest under the Land Acquisition Act from the date of respective judgment(s) and order(s) passed by the High Court till the filing of the appeals in this Court. The enhanced amount of compensation shall be deposited by the Greater Mohali Area Development Authority within three months from today before the Reference Court.

7. All these appeals are accordingly disposed of in the aforesaid terms. However, in the facts and circumstances of the case, there shall be no order as to costs.

………………………………….J. [M.R. SHAH]

………………………………….J. [KRISHNA MURARI]

NEW DELHI;

SEPTEMBER 23, 2022.

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