VidhiSangh

Supreme Court of India · 21/10/2024

HORRMAL (DECEASED) THROUGH HIS LRS & ORS. versus STATE OF HARYANA & ORS.

[2024] 10 S.C.R. 1709 · 2024 INSC 797

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Summary

In land acquisition appeals concerning about 302.75 acres in village Tauru, Mewat, the Supreme Court set aside the High Court's restoration of the Collector's rate and restored the Reference Court's award of Rs 92,62,500 per acre. The Court excluded sale deeds executed after the Section 4 notification and those from another village, used the highest bona fide pre-notification exemplar of a small plot in the same village subject to a development cut, and found the Reference Court's figure fair having regard to the land's potential.

Issues

  1. Whether the landowners were entitled to compensation above the Collector's rate restored by the High Court, and if so to what extent.
  2. Which sale exemplars could be relied on, and how small-plot exemplars should be adjusted, in assessing market value under Section 23(1) of the Land Acquisition Act, 1894.

Provisions considered

Held

Result

Appeals allowed; the High Court's leading judgment of 23.08.2022 and the judgments following it set aside, and the Reference Court's compensation restored; unpaid amounts with all statutory benefits including interest to be paid within eight weeks.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1709.