SC Directs Greater Mohali Area Development Authority To Deposit Enhanced Compensation Payable To Landowners Within 3 Months
The Supreme Court's Bench of Justice MR Shah and Justice Krishna Murari has directed the Greater Mohali Area Development Authority to deposit the enhanced compensation amount payable to landowners within 3 months.
The Bench was adjudicating upon a batch of appeals filed by landowners challenging the determination of compensation at Rs. 19,85,700/- per acre in respective first appeals, except RFA No. 1614 of 2000. In RFA No.1614 of 2000, the High Court has awarded the compensation at the rate of Rs. 7,80,000/- per acre.
Advocate Naresh Kaushal represented Appellants whereas Advocate Harshit Khanduja represented Respondents.
The Supreme Court noted that while determining the amount of compensation at Rs. 19,85,700/- per acre in the respective first appeals, the High Court relied upon its earlier decision in the case of Surjit Singh Vs. State of Punjab & Another. Whereas in RFA No. 1614 of 2000, the High Court determined the amount of compensation at 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.
The Court noted 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 the Court.
The Court observed that "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…"
The Court noted that the landowners in the present appeals are also similarly situated.
"…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." the Court held.
The appeals were accordingly disposed of.
Cause Title- Harpal Singh and Anr. Etc. Etc. v. State of Punjab Etc. Etc. with Ors.
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