Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (5) TMI 1614 - HC - Indian LawsEnhancement of compensation of acquired land - HELD THAT:- In its recent judgment in the case of ASHOK KUMAR & ANR. ETC VERSUS STATE OF HARYANA [2016 (2) TMI 1376 - SUPREME COURT], the Hon'ble Supreme Court, while interpreting the scope of Section 25 of the Act and duty cast on the courts to grant just and reasonable compensation of the acquired land, even more than what was claimed by the landowners, observed The pre-amended provision put a cap on the maximum; the compensation by court should not be beyond the amount claimed. The amendment in 1984, on the contrary, put a cap on the minimum; compensation cannot be less than what was awarded by the Land Acquisition Collector. The cap on maximum having been expressly omitted, and the cap that is put is only on minimum, it is clear that the amount of compensation that a court can award is no longer restricted to the amount claimed by the applicant. It is the duty of the Court to award just and fair compensation taking into consideration the true market value and other relevant factors, irrespective of the claim made by the owner. Although it is a matter of record that revenue estate of villages Dhankot and Budhera were adjoining with each other, yet, even if it is presumed, however, for the sake of argument only, that there is some distance between two pieces of land acquired out of the revenue estate of village Dhankot and the acquired land in the present cases, then the law laid down by the Hon'ble Supreme Court in Ashrafi and others Vs. State of Haryana and others [2013 (4) TMI 1000 - SUPREME COURT], Kashmir Singh Vs. State of Haryana and others, [2013 (12) TMI 1745 - SUPREME COURT] and Thakarsibhai Devjibhai and others v. Executive Engineer and another, [2001 (1) TMI 1024 - SUPREME COURT] clearly supports the claim of the landowners. The landowners are held entitled to receive the compensation for their acquired land at the uniform rate of ₹ 2,80,00,000/- per acre, from the date of notification under Section 4 of the Act. Besides this, the landowners shall be entitled for all the statutory benefits available to them under the relevant provisions of the Act. Appeal disposed off.
|