RAMO BAI & ORS. Vs. STATE OF HARYANA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4243-4254 of 2016, Judgment Date: Apr 19, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 4243-4254 OF 2016
   (Arising out of SLP (C) Nos.9520-9531 of 2014)

Ramo Bai & Ors.                                       ……….Appellants

                             Versus

State of Haryana & Ors.                             ……….Respondents


                            WITH
                   CIVIL APPEAL NO.4255 of 2016
            (@ SLP (C)No.11098/2016 @ CC No.1521/2016)

WITH
            CIVIL APPEAL NOS.4256-4260 of 2016
  (@ SLP (C)Nos.11099-11103/2016 @ CC Nos.1501-1505/2016)

WITH
            CIVIL APPEAL NOS 4261-4263 of 2016
   (@ SLP (C)Nos.11104-11106/2016 @ CC Nos.5661-5663/2016)


                            J U D G M E N T

KURIAN, J.

1.    Leave granted.

2.    The issue raised in all  these  appeals  pertains  to  the  claim  for
enhancement of compensation  in  respect  of  the  land  acquired  from  the
appellants.  In the High Court they have been granted  compensation  at  the
rate of Rs.235/- per Sq. Yd.  However, in the case of adjoining  lands,  the
owners have been granted land value at the rate of Rs.325/-  per  sq.Yd.  as
per the decision of this Court in the case of Ashrafi & Ors.  Vs.  State  of
Haryana reported in 2013 (5) SCC 527.
3.    On a pointed question, the learned counsel for respondents has  fairly
submitted that the  lands  belonging  to  the  appellants  herein  are  also
similarly situated  as  of  Ashrafi  case  (supra).   However,  the  learned
counsel has made two strong submissions (1) all the appeals are filed  after
huge delay; (2) in one case  of  similar  nature,  this  Court  has  granted
compensation only at the rate of Rs.250/- per Sq. Yd. in  the  case  of  the
Inder Singh versus State of Haryana & Ors.  in  C.A.  No.  13788/2015  dated
23.11.2015.

4.    It is true that in the case of Inder Singh  (supra),  this  Court  has
limited the compensation of  Rs.250/-  per  Sq.Yd.  on  examination  of  the
materials placed before the Court.  But, we find that  in  all  other  cases
covered by the same Notification, the compensation has been enhanced at  the
rate of Rs.325/- per Sq. Yd. by this Court.  The  learned  counsel  for  the
appellants also submits that reportedly a Review Petition has been filed  in
the case of Inder Singh (supra).

5.    Be that as it may. Since this Court has granted  compensation  at  the
rate of Rs.325/- per Sq.Yd.  in  all  cases  except  that  of  Inder  Singh,
covered by the same Notification, we are of the view that  the  interest  of
justice would be advanced if the compensation at the rate  of  Rs.325/-  per
Sq.Yd. is also granted to the appellants herein.

6.    However, we find force in the submission made by the  learned  counsel
for the State that in any case appellants  would  not  be  entitled  to  any
statutory benefits for  the  period  covered  by  the  delay  in  filing  or
refiling the special leave petitions on which leave has been granted.

7.     Therefore,  all  these  appeals  are  partly  allowed  holding   that
appellants will be entitled to the land value fixed at Rs.325/-  per  Sq.Yd.
alongwith all statutory benefits.  However,  the  appellants  shall  not  be
entitled to any statutory benefits for the period of  delay  in  filing  the
special leave petitions and the period of delay  in  refilling  the  special
leave petitions after curing the defects.

                                             …................J.
                                             [KURIAN JOSEPH]


                                             ….................J.
                                             [R. BANUMATHI]
NEW DELHI;
APRIL 19, 2016