Kamla Devi and Ors. Vs. State of Haryana and Ors.
[Civil Appeal No.________ / 2024 arising out of SLP (C) No.________/2024 @ Diary No. 5488 / 2024]
Surya Kant, J.
1. Delay condoned. Leave granted.
2. The issue that arises for consideration in the instant case being Re: Assessment of Compensation for the land subsisting in village Tauru, District Mewat acquired by the State of Haryana vide notifications dated 11.02.2011 and 10.02.2012 issued under Section 4 and 6 of the Land Acquisition Act, 1894, respectively.
3. Learned counsel for the parties are ad idem that the aforementioned issue is covered by our judgement dated 21.10.2024 in Civil Appeal No. 11758/2024 titled Horrmal since deceased through his LRs v. The State of Haryana, and other connected matters, in terms whereof the impugned judgement of the High Court has been set aside and the Award of the Reference Court has been restored.
4. The instant appeal having arisen out of the same acquisition, deserves to be allowed in terms of our decision in Horrmal (supra), the operative part whereof reads as follows:
“37. Thus, upon careful consideration, we are of the considered opinion that the High Court erred in reducing the valuation of the land and affirming the figures granted by the LAC. As demonstrated by our analysis above, the evaluation conducted by the Reference Court was nearly accurate and aligned with the evidence of the sale deeds and potentiality, despite the fact that the sale exemplar Ex. P76, on which it relied upon, may not have been ideal, given the circumstances and its commercial nature.
38. For the reasons stated above, these appeals are allowed, the impugned leading judgment dated 23.08.2022 of the High Court, as well as all other judgments following the said leading judgment which are under challenge in this batch of appeals, are hereby set aside, and the compensation amount granted by the Reference Court is hereby restored.
39. The compensation amount, if already not paid, wholly or partly, as per the award of the Reference Court, shall be paid to the Appellants and other landowners along with all the statutory benefits including interest, within eight weeks.”
5. The appeal stands allowed in the above terms. Ordered accordingly.
………………..J. (Surya Kant)
………………..J. (Ujjal Bhuyan)
New Delhi
December 20, 2024
