Harpal Singh vs State Of Punjab

CIVIL APPEAL NOS. 6744-6758 OF 2022

Harpal Singh and Anr. Etc. Etc. …Appellant(s)

Versus

State of Punjab Etc. Etc. …Respondent(s)

WITH

CIVIL APPEAL NOS. 6740-6743 OF 2022

Nasib Singh and Anr. Etc. Etc. …Appellant(s)

Versus

State of Punjab & Ors. Etc. Etc. …Respondent(s)

WITH

CIVIL APPEAL NOS. 6734-6739 OF 2022

Mehar Singh and Anr. Etc. Etc. …Appellant(s)

Versus

State of Punjab Etc. Etc. Signature Not Verified …Respondent(s) Digitally signed by SNEHA Date: 2022.09.23 16:26:02 IST Reason:

JUDGMENT

1 M.R. SHAH, J.

1. As common question of law and facts arise in these group of

appeals, all these appeals are being decided and disposed of by this

common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned common

judgment(s) and order(s) dated 01.05.2012 / 02.03.2009 / 09.11.2009

passed in the respective first appeals, the particulars of which are as

under:-

Sl. Particulars RFA No. Date of Section 4

No Order Notification . date 1. Harpal Singh and Anr. 3941/2007 01.05.2012 21.11.2002 Vs. State of Punjab 2. Parkash Singh (Dead) 3942/2007 01.05.2012 21.11.2002 Thr. LRs. Vs. State of Punjab 3. Ajaib Singh and Ors. Vs. 3943/2007 01.05.2012 21.11.2002 State of Punjab 4. Gian Singh and Ors. Vs. 3944/2007 01.05.2012 21.11.2002 State of Punjab and Anr. 5. Amirk Singh and Ors. Vs. 3945/2007 01.05.2012 21.11.2002 State of Punjab 6. Parkash Singh (Dead) 3946/2007 01.05.2012 21.11.2002 Thr. LRs. and Ors. Vs. State of Punjab 7. Bakhtaur Singh (Dead) 3947/2007 01.05.2012 21.11.2002 Thr. LRs. Vs. State of Punjab and Ors. 8. Bachan Singh (Dead) 3948/2007 01.05.2012 21.11.2002 Thr. LRs. Vs. State of Punjab

2 9. Labh Singh (Dead) Thr. 3949/2007 01.05.2012 21.11.2002 LRs. and Anr. Vs. State of Punjab 10. Ajmer Singh and Anr. Vs. 3952/2007 01.05.2012 21.11.2002 State of Punjab

11. Sajjan Singh Vs. State of 3953/2007 01.05.2012 21.11.2002 Punjab

12. Tarlochan Singh and Ors. 4485/2007 01.05.2012 21.11.2002 Vs. State of Punjab and Ors.

13. Gurdev Singh and Ors. 1448/2008 01.05.2012 21.11.2002 Vs. State of Punjab and Anr.

14. Amar Singh and Ors. Vs. 2871/2008 01.05.2012 21.11.2002 State of Punjab

15. Gurdip Singh and Ors. 3974/2008 01.05.2012 21.11.2002 Vs. State of Punjab

16. Mehar Singh and Anr. Vs. 784/2007 02.03.2009 21.02.2000 State of Punjab

17. Mewa Singh (Dead) and 783/2007 02.03.2009 21.02.2000 Ors. Vs. State of Punjab

18. Jagir Singh (dead) and 2715/2007 02.03.2009 21.02.2000 Ors. Vs. State of Punjab

19. Norata Singh (Dead) and 4319/2006 02.03.2009 21.02.2000 Ors. Vs. State of Punjab

20. Hardial Singh (Dead) and 4300/2006 09.11.2009 21.02.2000 Ors. Vs. State of Punjab and Anr.

21. Jagir Singh (Dead) and 1614/2000 28.01.2010 21.02.2000 Ors. Vs. State of Punjab and Anr.

22. Nasib Singh and Anr. Vs. 3112/2005 02.03.2009 21.02.2000 State of Punjab and Ors.

23. Sher Singh (Dead) Thr. 4318/2006 02.03.2009 21.02.2000 LRs. and Anr. Vs. State of Punjab

24. Manjit Kaur Vs. State of 4088/2007 02.03.2009 21.02.2000 Punjab and Anr.

25. Karnail Singh and Ors. 1468/2008 09.11.2009 21.02.2000 Vs. State of Punjab and Anr.

3 determining the compensation @ Rs. 19,85,700/- per acre in

respective first appeals, except RFA No. 1614 of 2000, the original

claimants/landowners have preferred the present appeals.

2.1 In RFA No.1614 of 2000, the High Court has awarded the

compensation @ Rs. 7,80,000/- per acre.

3. At the outset, it is required to be noted that while determining the

amount of compensation @ Rs. 19,85,700/- per acre in the respective

first appeals, the High Court has relied upon its earlier decision in the

case of Surjit Singh Vs. State of Punjab & Another (RFA No.

3004/2006 decided on 2.3.2009). So far as Civil Appeal arising out of

RFA No. 1614 of 2000 is concerned, the High Court has determined

the amount of compensation @ Rs. 7,80,000/- per acre alongwith

solatium relying upon its earlier decision in the case of Kapoor Singh

Vs. The State of Punjab & Another (RFA No. 2348/1998 decided on

28.01.2010).

4. It is not in dispute that the aforesaid decisions of the High Court

in the cases of Surjit Singh (supra) & Kapoor Singh (supra) were

the subject matter of appeals before this Court. In the case of Kapoor

Singh (supra) and other allied first appeals, this Court has enhanced

the amount of compensation by a further sum of Rs.1,00,000/- and in

the case of Surjit Singh (supra), the same has been enhanced by a 4 further sum of Rs. 2,00,000/- per acre, payable by the Greater Mohali

Area Development Authority with interest and solatium as prescribed

by the Statute from the date 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 Vs. State of Punjab & Another Etc. and Civil Appeal No. 363/2013 – Surjit Singh Vs. State of Punjab &

Anr. Etc.).

5. It is not in dispute that the landowners in the present appeals are

also 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

Surjit Singh (supra) & Kapoor 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 Surjit Singh (supra)

& Kapoor Singh (supra), by enhancing the amount of compensation

by a further sum of Rs.2,00,000/- per acre and Rs. 1,00,000/- per acre

respectively. However, there is a substantial delay in preferring the

first appeals. Therefore, we deem it appropriate to deny the statutory

benefits including interest on the enhanced amount of compensation

from the date of the judgment/s and order/s passed by the High Court

5 till the present appeals (special leave petitions) have been preferred

before this Court.

6. In view of the above facts, all these appeals are partly allowed.

Accordingly, we enhance the amount of compensation payable to the

landowners by a further sum of Rs. 1,00,000/- per acre in Civil Appeal

arising out of RFA No. 1614 of 2000 dated 28.01.2010. We enhance

the amount of compensation payable to the landowners by a further

sum of Rs. 2,00,000/- per acre in remaining Civil Appeals arising out

of impugned common judgment(s) and order(s) dated 01.05.2012 /

02.03.2009 / 09.11.2009. It is also ordered that the original

landowners shall be entitled to solatium as prescribed under the

statute on the enhanced amount of compensation. It is also further

ordered that the original landowners / claimants shall not be entitled to

any statutory benefits including the interest under the Land Acquisition

Act from the date of respective judgment(s) and order(s) passed by

the High Court till the filing of the appeals in 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

7. All these appeals are accordingly disposed of in the aforesaid

terms. However, in the facts and circumstances of the case, there

shall be no order as to costs.

………………………………….J. [M.R. SHAH]

………………………………….J. [KRISHNA MURARI]

NEW DELHI;

SEPTEMBER 23, 2022.

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