Summary
For Phase VI of the Manesar industrial township, the Supreme Court granted an 8% flat increase over the comparable 2004 acquisition valuation, fixing compensation at Rs47,10,500 per acre with statutory benefits. The earlier notification for the Kundli-Manesar-Palwal Expressway improved development potential, and a further year had elapsed. The Court rejected reliance on a composite industrial-plant sale, displacement of adequate earlier sales by later transactions, and the claimed cumulative escalation method.
Issues
- Whether the landholders could obtain higher compensation through alternative sale exemplars, cumulative escalation or the acquisition’s distinct development and timing features.
Held
- Only landholders appealed, so the question was further enhancement. The composite sale of developed industrial land together with buildings, machinery and installations was correctly rejected as a bare-land exemplar. (¶¶ 4, 8-9)
- Post-acquisition transactions can sometimes be relevant, but do not by themselves displace adequate and appropriate pre-acquisition evidence. Nor did Wazir require its earlier valuation, increased cumulatively at the landholders’ claimed rate, to take precedence over the sales on record. (¶ 10-11)
- Two features justified some increase over the comparable 2004 acquisition: the expressway acquisition had already been notified, bringing the land closer to development even without direct access, and the present acquisition occurred a year later. Location away from the highway and the agricultural character still mattered. (¶ 12-14)
- Balancing those advantages against the fact that the comparable base valuation was already relatively favourable in light of Wazir, the Court allowed an 8% flat increase over Rs43,61,400 per acre. The resulting Rs47,10,312 was rounded to Rs47,10,500 per acre, with all statutory benefits. (¶ 14-15)
Result
Appeals allowed to the stated extent; compensation enhanced to Rs47,10,500 per acre with all statutory benefits. No order as to costs.