Supreme Court Enhances Compensation Payable To Landowners By Greater Mohali Area Development Authority
The Supreme Court has enhanced the compensation amount payable to landowners in respect of the land acquired in Punjab.
The Bench of Justice MR Shah and Justice BV Nagarathna was adjudicating upon a plea by original landowners challenging the determination of compensation for the acquired lands in question.
Advocate Subhasish Bhowmick appeared for the appellants whereas Advocate Uttara Babbar appeared for Greater Mohali Area Development Authority.
While determining the amount of compensation @ Rs. 7,80,000/- per acre in the respective first appeals except RFA No. 4975/2010, the High Court had relied upon its earlier decision in the case of Kapoor Singh v. The State of Punjab & Another.
Whereas in RFA No. 4975/2010, the High Court had determined the compensation at Rs. 19,85,700/- per acre, relying upon its earlier decision in the case of Surjit Singh v. State of Punjab & Another.
The aforesaid decisions of the High Court in the cases of Kapoor Singh (supra) & Surjit Singh (supra) were the subject matter of appeals before Supreme Court and in the case of Kapoor Singh (supra) and other allied first appeals, the Supreme Court had enhanced the amount of compensation by a further amount of Rs.1,00,000/- and Rs. 2,00,000/- per acre in the case of Surjit Singh (supra), payable by the Greater Mohali Area Development Authority with interest.
The Court noted that the landowners in the present appeals were similarly situated.
"…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 Kapoor Singh (supra) & Surjit 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 Kapoor Singh (supra) & Surjit Singh (supra), by enhancing the amount of compensation by a further sum of Rs.1,00,000/- per acre and Rs. 2,00,000/- per acre respectively.", the Court held.
However the Court observed substantial delay in preferring the first appeals. Therefore the Court deemed it appropriate to deny the interest on the enhanced amount of compensation from the date of the judgment and order/s passed by the High Court till the present appeals.
"…we enhance the amount of compensation payable to the landowners to Rs. 1,00,000/- per acre in all these appeals where the High Court has relied upon its earlier decision in the case of Kapoor Singh (supra) except Civil appeal arising out of the impugned judgment and order passed by the High Court passed in RFA No. 4975/2010 in which the High Court has relied upon its earlier decision in the case of Surjit Singh (supra). We enhance the amount of compensation payable to the landowners to Rs. 2,00,000/- per acre in Civil Appeal arising out of the impugned judgment and order passed by the High Court in RFA No. 4975/2010.", the Court held.
The Court directed Greater Mohali Area Development Authority to deposit the enhanced amount of compensation within 3 months before the Reference Court.
Cause Title- Jagjit Singh and Others Etc. Etc. v. State of Punjab and Another Etc. Etc.
Click here to read/download the Judgment
