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Supreme Court of India · 15/02/2023

RAVINDER KUMAR GOEL versus THE STATE OF HARYANA & ORS.

[2023] 3 S.C.R. 912 · 2023 INSC 129

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Summary

Small landholders in Sultanpur, Gurugram, whose lands were acquired in 2005 for an expressway, obtained from the Reference Court after a Supreme Court remand a market value of Rs. 22,00,754 per acre based on a small-plot sale exemplar less 35 per cent for development, but the Punjab and Haryana High Court reduced it to Rs. 14,52,010 by applying the Collector's floor-rate circular. The Supreme Court partly allowed the landowners' appeals: the High Court could not fall back on the circular when sale evidence had been led after remand, the small urbanised plots were comparable to the small-plot exemplar rather than to large agricultural sales, no escalation was warranted for a 35-day gap, and a 25 per cent development deduction was appropriate for a new expressway, giving Rs. 25,20,000 per acre; excess amounts received are repayable in three interest-free instalments.

Issues

  1. Whether, after remand for fresh determination on evidence, the High Court could fix market value on the Collector's floor-rate circular rather than on the sale exemplars placed on record.
  2. Whether a sale exemplar of a small plot could be relied on for small urbanised holdings within a large acquisition, and what deduction for development charges was appropriate for land acquired for an expressway.

Provisions considered

Held

Result

Appeals partly allowed; Punjab and Haryana High Court judgment dated 07.10.2021 in RFA No. 848 of 2021 and connected appeals set aside; Reference Court judgment dated 10.01.2020 restored and modified to fix the market value of the acquired land at Rs. 25,20,000 per acre, payable with statutory benefits and costs throughout; excess amounts received by any landowner repayable in three half-yearly interest-free instalments, with 9 per cent interest and recovery as arrears of land revenue on default; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 912.