Supreme Court of India

STATE OF PUNJABversusPRITAM SINGH ETC. ETC.

Citation: 1995 INSC 520
Decided: 30 August 1995
Disposal: Dismissed
Bench: K RAMASWAMYB L HANSARIA

Holding

The Supreme Court dismissed the appeals, finding no material to warrant interference with the High Court’s award of Rs 70,220 per acre.

Summary

The State of Punjab appealed to the Supreme Court against the compensation awarded for the acquisition of 25 acres of land for a grain market. The Collector initially awarded Rs 40,000 to Rs 10,000 per acre, which the Additional District Judge enhanced to Rs 90,000‑30,000 per acre. The Punjab & Haryana High Court reduced this to a flat rate of Rs 70,220 per acre. The State challenged this award, arguing that the reduction was excessive, especially for parcels originally valued at Rs 65,000 and Rs 35,000 per acre. The Supreme Court examined the record and found no material to substantiate the exact extent of land covered by the lower awards, particularly for the Rs 65,000 and Rs 35,000 categories. Consequently, the Court held that there was no basis for interference with the High Court’s decision and dismissed the appeals without costs.

Issues considered

What is the appropriate quantum of compensation for land acquired under the Land Acquisition Act, 1894, when the record does not disclose the exact extent of land covered by earlier awards?
Whether the Supreme Court can interfere with the High Court’s flat compensation rate of Rs 70,220 per acre in the absence of material evidence.

Legislation cited

Land Acquisition Act, 1894s. 4(1)

Subjects

Land acquisitionCompensationQuantum of compensationSection 4(1)AppealSupreme CourtHigh CourtInterference

Judgment

                                 STATE OF PUNJAB                                      A
                                            V.

                             PRITAM SINGH ETC. ETC.

                                   AUGUST 30, 1995

                   [K. RAMASWAMY AND B.L. HANSARIA, JJ.]                              B

             Land Acquisition Act, 1894 :

            Land Acquisition-Compensation-Quantum of-Appeal against-
       Held no inte1ference was called for as relevant material was not on record.
                                                                                      c
             These appeals are preferred by the State of Punjab as it is dissatis-
       fied with the compensation awarded for 25 acres of land acquired for
,- .   establishment of grain market.

             Dismissing the appeals, this Court
                                                                                      D
              HELD : Practically, for large extent of land enhancement made by
       the Additional district Judge was reduced by the High Court from Rs.
       90,000 Rs. 85,000 Rs. 80,000 and Rs. 75,000 per acre to Rs. 70,220 per acre.
       The only c1uestion is of the lands for which Rs. 65,000 and Rs. 35,000 were
       awarded, which were enhanced to Rs. 70,220. As to the first part namely,       E
       compensation of Rs. 65,000 per acre which was enhanced to Rs. 70,000,
       there is not much of difference. Though there is substantial difference for
       the second category, there is no material on record showing details of land
       covered by this part of the order. Therefore, no interference is called for
       with this part of the order of the High Court. (196-C-E]
                                                                                      F
             CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1608-40
       of 1980.

             From the Judgment and Order dated 23.8.79 of the Punjab &
       Haryana High Court in R.F. A Nos. 1154-55176, 1208/77, 1242-49/77, 1404-
       9/77, 1412-13, 1419 of 1977.                                                   G
            AS. Sohal and G.K. Bansal for the Appellant.

             AK. Goel for the Respondents.

             The following Order of the Court was delivered :                         H
                                         195
    196                    SUPREME COURT REPORTS (1995] SUPP. 3 S.C.R.

A        Having seen the details of the facts and circumstances in these
    appeals we do not think that there is any substance for interference.

           A notification under s.4(1) of the Land Acquisition Act was publish-
    ed acquiring 25 aGres and odd for public purpose, namely, for estab-
    lishment of grain market. The Land Acquisition Collector in his award
B   dated February 18, 1972 awarded compensation at varying rates between
    Rs. 40,000 to Rs. 10,000 per acre. On reference, the Additional District
    Judge, in his award and decree dated May 3, 1976, enhanced compensation
    varying between Rs. 90.000 and Rs. 30,000 per acre. On appeal, the High
    Court awarded on flat rate of Rs. 70,220 per acre. Being dissatisfied with
C   it, these appeals have been filed.

           We have seen the judgment of the High Court. Practically, for large
    extent of land enhancement made by the Additional District Judge was
    reduced from Rs. 90,000, Rs. 85,000, Rs. 80,000 and Rs. 75,000 per acre to
    Rs. 70,220 per acre. The only question is of the lands for which Rs. 65,000
D   and Rs. 35,000 were awarded, which were enhanced to Rs. 70,220. As to
    the first part namely, compensation of Rs. 65,000 per acre which was
    enhanced to Rs. 70,000, there is not much of difference. Though we find
    there is substantial difference for the second category, there is no material
    on record showing detail of lands covered by this part of the order. So, it.
    is difficult for this Court to decide whether interference with this part of
E
    the order of the High Court is called for.

             Under these circumstances, the appeals are dismissed but without
    costs.

    T.N.A.                                                  Appeals dismissed.

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