Supreme Court of India
JAGJIT SINGH AND OTHERS ETC. ETC.versusSTATE OF PUNJAB AND ANOTHER ETC. ETC
- Citation
- 2022 INSC 876
- Decided
- 26 August 2022
- Disposal
- Disposed off
Holding
The compensation is enhanced by Rs 1,00,000 per acre where the High Court relied on Kapoor Singh and by Rs 2,00,000 per acre where it relied on Surjit Singh; solatium is awarded, but no interest is payable due to the delay.
Summary
The appellants challenged the compensation awarded by the Punjab and Haryana High Court for land acquired by the Greater Mohali Area Development Authority. The High Court had fixed Rs 7,80,000 per acre (or Rs 19,85,700 per acre in one case) relying on its earlier decisions in Kapoor Singh and Surjit Singh. Those earlier decisions were themselves appealed before this Court, which enhanced the compensation by Rs 1,00,000 per acre in Kapoor Singh and by Rs 2,00,000 per acre in Surjit Singh, with interest and solatium. The Supreme Court held that the present appellants are similarly situated and therefore the compensation must be enhanced by the same amounts, granting solatium but denying interest because of the delay. The Court ordered the Greater Mohali Area Development Authority to deposit the enhanced amounts within three months and disposed of the appeals without costs.
Issues considered
- Whether the compensation awarded by the High Court should be enhanced in line with the Supreme Court's earlier judgments in Kapoor Singh and Surjit Singh.
- Whether the landowners are entitled to interest on the enhanced compensation from the date of the High Court order.
- Whether the landowners are entitled to solatium on the enhanced compensation as prescribed by the applicable land acquisition statute.
Subjects
Land acquisitionCompensation enhancementSolatiumInterestSupreme CourtHigh CourtPunjab
Judgment
[2022] 11 S.C.R. 73 73
JAGJIT SINGH AND OTHERS ETC. ETC. A
v.
STATE OF PUNJAB AND ANOTHER ETC. ETC.
(Civil Appeal Nos. 5337-5434 of 2022)
AUGUST 26, 2022 B
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Land Acquisition – Compensation – Enhancement of – Held:
While determining the compensation by the impugned common
judgment and order/s, the High Court relied upon its earlier decisions
C
in the cases of Surjit Singh & Kapoor Singh – Aforesaid decisions of
the High Court were the subject matter of appeals before Supreme
Court wherein the compensation was further enhanced –
Landowners in the present appeals are also similarly situated –
Accordingly, the amount of compensation payable to the landowners
is enhanced to Rs.1,00,000/- per acre in all the appeals where the D
High Court has relied upon its earlier decision in the case of Kapoor
Singh – In 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, the amount of compensation payable to the
E
landowners is enhanced to Rs. 2,00,000/- per acre – Further, original
landowners shall be entitled to solatium as prescribed under the
statute on the enhanced amount of compensation from the date of
orders passed by the High Court – However, they shall not be entitled
to interest from the date of the orders passed by the High Court till
filing of the appeals before Supreme Court. F
Kapoor Singh v. State of Punjab & Another Etc. and
Surjit Singh v. State of Punjab & Anr. Etc. Common
order of Supreme Court dtd. 15.01.2014 passed in
Civil Appeal Nos. 738-748/2014 and Civil Appeal No.
363/2013 – relied on. G
Surjit Singh v. State of Punjab & Another Decision of
High Court dtd. 2.3.2009 in RFA No. 3004/2006;
Kapoor Singh v. The State of Punjab & Another
Decision of High Court dtd. 28.01.2010 in RFA No.
2348/1998 – referred to. H
73
74 SUPREME COURT REPORTS [2022] 11 S.C.R.
A CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5337-
5434 of 2022.
From the Judgment and Order dated 28.01.2010 in RFAs
Nos.1612, 1616, 1618, 2319, 2632, 2669 of 2000, 277, 280, 317, 327, 328,
1307, 1309, 1310, 1312, 1313, 1316, 1377, 1379, 1452, 1719, 1983, 1984,
B 2133, 2137, 2150, 2154, 2159, 2182, 2183, 2221, 2224, 2225, 2226, 2280,
2315, 2957, 2958, 3352, 3412, 3555, 4158, 4249, 4311, 4628, 5164, 5784
of 2001, 338, 666, 816, 1370, 2872, 3257, 3259, 3265, 3294, 4201 of 2002,
2426, 4550 of 2003, 2932 of 2005, 1828 of 2007,1298, 1302, 1424 of
2009, dated 18.05.2010 in RFAs No.1434, 4648 of 2001, 3603 of 2002,
2427, 2666 of 2003, 2490 of 2004, 501 of 2005, 3447 of 2006, dated
C 07.03.2012 in RFAs Nos.5138, 5139, 5590, 5591, 5597, 5715, 5733, 5787
of 2001, 205, 207, 933, 1936, 2492, 2550, 4194 of 2002, 1054, 1079, 1470,
1472, 1546, 2480, 2787, 3279, 4258 of 2003, dated 12.08.2013 in RFAs
No.2948 of 2007 and dated 02.08.2013 in RFA No.4975 of 2010 of the
High Court of Punjab and Haryana at Chandigarh.
D Vinay Kumar Garg, Sr. Adv., Naresh Kaushal, K. S. Rekhi,
Subhasish Bhowmick, Advs. for the Appellants.
Ms. Uttara Babbar, Ms. Ranjeeta Rohatgi, Advs. for the
Respondents.
E The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned common
judgment(s) and order(s) dated 28.01.2010/18.05.2010/07.03.2012 passed
in the respective first appeals, dated 12.08.2013 in RFA No. 2948/2007
F and dated 2.8.2013 passed in RFA No. 4975/2010, the particulars of
which are as under,
G
H
JAGJIT SINGH AND OTHERS ETC. ETC. v. STATE OF PUNJAB 75
AND ANOTHER ETC. ETC. [M. R. SHAH, J.]
A
B
C
D
E
F
G
H
76 SUPREME COURT REPORTS [2022] 11 S.C.R.
A
B
C
D
E
F
G
H
JAGJIT SINGH AND OTHERS ETC. ETC. v. STATE OF PUNJAB 77
AND ANOTHER ETC. ETC. [M. R. SHAH, J.]
A
B
C
D
E
F
G
H
78 SUPREME COURT REPORTS [2022] 11 S.C.R.
A determining/awarding the compensation for the acquired lands in question
at Rs. 7,80,000/- per acre, the original landowners have preferred the
present appeals.
2. At the outset, it is required to be noted that while determining
the amount of compensation @ Rs. 7,80,000/- per acre in the respective
B first appeals except RFA No. 4975/2010, the High Court has relied upon
its earlier decision in the case of Kapoor Singh v. The State of Punjab
& Another (RFA No. 2348/1998 decided on 28.01.2010). So far as
Civil Appeal arising out of impugned judgment and order passed by the
High Court dated 2.8.2013 in RFA No. 4975/2010 is concerned, the
High Court has determined the compensation at Rs. 19,85,700/- per acre,
C relying upon its earlier decision in the case of Surjit Singh v. State of
Punjab & Another (RFA No. 3004/2006 decided on 2.3.2009).
3. It is not in dispute that the aforesaid decisions of the High
Court in the cases of Kapoor Singh (supra) & Surjit Singh (supra)
were the subject matter of appeals before this Court and in the case of
D Kapoor Singh (supra) and other allied first appeals, this Court has
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 and solatium as prescribed under the Statute from the date
E of the orders passed by the High Court (vide common order dated
15.01.2014 passed in Civil Appeal Nos. 738-748/2014 – Kapoor
Singh v. State of Punjab & Another Etc. and Civil Appeal No.
363/2013 – Surjit Singh v. State of Punjab & Anr. Etc.).
4. It is not in dispute that the landowners in the present appeals
F are similarly situated. As observed hereinabove, 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),
G 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. However,
there is a substantial delay in preferring the first appeals. Therefore, we
deem it appropriate to deny the interest on the enhanced amount of
compensation from the date of the judgment and order/s passed by the
H
JAGJIT SINGH AND OTHERS ETC. ETC. v. STATE OF PUNJAB 79
AND ANOTHER ETC. ETC. [M. R. SHAH, J.]
High Court till the present appeals (special leave petitions) are preferred A
before this Court.
5. In view of the undisputed facts, all these appeals are partly
allowed. Accordingly, 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 B
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 C
No. 4975/2010. It is also ordered that the original landowners shall be
entitled to solatium as prescribed under the statute on the enhanced
amount of compensation from the date of orders passed by the High
Court. However, the original landowners – claimants shall not be entitled
to interest from the date of the orders passed by the High Court till filing D
of the appeals before this Court. The enhanced amount of compensation
shall be deposited by the Greater Mohali Area Development Authority
within three months from today before the Reference Court.
6. All these appeals are accordingly disposed of in the aforesaid
terms. However, in the facts and circumstances of the case, there shall E
be no order as to costs.
Divya Pandey Appeals disposed of.
F
G
H
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