Zile Singh Etc Etc vs. State Of Haryana

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.610 OF 2012 (Arising out of S.L.P. (C) No.4869 of 2007)

Ajay Pal and others Appellant(s)

VERSUS

State of Haryana and another Respondent(s)

WITH

CIVIL APPEAL NOS.617-619 OF 2012 (Arising out of S.L.P. (C) Nos.19167-19169 of 2011) CIVIL APPEAL NO.620 OF 2012 (Arising out of S.L.P. (C) No.5316 of 2007) CIVIL APPEAL NO.616 OF 2012 (Arising out of S.L.P. (C) No.33755 of 2010)

O R D E R

C.A. NO.610 OF 2012

We have heard Mr. Nidesh Gupta, learned senior counsel for the petitioners in S.L.P. (C) No.4869 of 2007. There is a delay of 4464 days in filing of the special leave petition, which we condone in the facts of the case, since the rate of compensation in the acquisition proceedings was challenged by the majority of the land holders, including the petitioners herein, who after moving the learned Single

Judge of the High Court, went on to file Letters Patent SLP 9268-9270/2011

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Appeals against the orders of the learned Single Jud ge. Subsequently, the Full Bench of the High Court held that such Letters Patent Appeals were not maintainable and, accordingly, the appeals, which had been filed by

the

petitioners herein, were dismissed on the ground of

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maintainability.

Other claimants, however, moved this Court and subsequently, the rate of compensation was raised to Rs.200/- per square yard. The petitioners also stand more or less on the same footing, but are in a disadvantageous position because their Letters Patent Appeals were dismissed. It is for such reason that we condone the delay of 4464 days in filing of the special leave petition in this case. Leave granted. It has been submitted by Mr. Nidesh Gupta, learned senior counsel appearing for the appellants, that before the Full Bench of the High Court came to hold that Letters Patent Appeals were not maintainable, the Division Bench of the Punjab and Haryana High Court had, in L.P.A. No.920 of 1994, filed by one Horam, son of Budha, held that the appellants were entitled to compensation at the rate of Rs.200/- per square yard for the acquired land. The s aid order had been challenged by the State before this Court in S.L.P. (C) No.....CC 34672 of 2006, and was dismissed on SLP 9268-9270/2011 3 4th July, 2006. Following the said dismissal in many of the matters, which were subsequently taken up in first appeal by the High Court, the said compensation of Rs.200/- per square yard was duly maintained.

Having regard to the above, we allow the appeal filed by Ajay Pal and others, and direct that they too should be given compensation at the rate of Rs.200/- per square yard, in respect of their lands, which had been acquired pursuant to the Notification dated 22nd August, 1988, along with other statutory benefits.

As indicated hereinbefore, this order will also govern S.L.P. (C) No.5316 of 2007, as well as S.L.P. (C) No.19167-19169 of 2011, wherein leave has also been granted.

C.A. NO.616 OF 2012

Leave granted.

This appeal is directed against the judgment and order dated 20th August, 2004, passed by the Punjab & Haryana High Court, in Regular First Appeal No.187 of 1990, determining the value of the acquired lands of the petitioner at the rate of Rs.30/- per square yard.

Learned counsel appearing for the appellant has pointed out that in C.A. No.1386 of 2007, which was heard along with several other civil appeals, arising out of the Notification dated 20th April, 1982, issued under Section 4 SLP 9268-9270/2011

of the Land Acquisition Act, 1894, which is the common Notification, as far as the present appeal is concerned, this Court enhanced the compensation to Rs.45/- per square yard.

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Consequently, the appellant's case is also covered by the said decision. Accordingly, we allow the appeal, set aside the order passed by the Division Bench of the High Court and direct that the appellant will also be entitled to compensation at the rate of Rs.45/- per square yard, in respect of his lands, which had been acquired, together with all such statutory benefits, as available to him.

The appeal is disposed of accordingly.

......................J. (ALTAMAS KABIR)

......................J. (J. CHELAMESWAR)

January 17, 2012. SLP 9268-9270/2011

ITEM NO.3 COURT NO.2 SECTION IVB

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).9268-9270/2011

(From the judgement and order dated 18/08/2010 in RFA No.753/1996, RFA No.754/1996,RFA No.755/1996 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)

STATE OF HARYANA Petitioner(s)

VERSUS

VIJAY & ORS. Respondent(s)

(With office report)

WITH S.L.P.(C) NOS.1678-1697 of 2010 (With office report) S.L.P.(C)...CC NO.2620 of 2011 (With appln.(s) for permission to file SLP and substitution and c/delay in filing substitution appln. and c/delay in filing SLP and office report) S.L.P.(C) NOS.15508-15511 of 2011 (With prayer for interim relief and office report) S.L.P.(C) NOS.28613-28642 of 2010 (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NOS.28644-28685 of 2010 (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NO.28686 of 2010 (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NOS.27706-27723 of 2010 (With prayer for interim relief and office report) S.L.P.(C) NO.33749 of 2010 (With office report) S.L.P.(C) NO.31832 of 2010 (With prayer for interim relief and office report) S.L.P.(C) NO.3647 of 2011 (With office report) S.L.P.(C) NOS.7233-7239 of 2011 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NOS.12083-12087 of 2011 SLP 9268-9270/2011 6 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NOS.35673-35693 of 2010 (With office report) S.L.P.(C) NOS.14389-14390 of 2011

(With office report) S.L.P.(C) NO.14425 of 2011 (With office report) S.L.P.(C) NO.32196 of 2010 (With appln.(s) for substitution and office report) S.L.P.(C) NO.33755 of 2010 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NOS.674-681 of 2011 (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and office report) S.L.P.(C) NOS.31561-31568 of 2010 (With office report) S.L.P.(C) NOS.33337-33340 of 2010 (With office report) S.L.P.(C) NOS.33322-33329 of 2010 (With office report) S.L.P.(C) NO.20139 of 2011 (With office report) S.L.P.(C) NOS.19167-19169 of 2011 (With appln.(s) for substitution and exemption from filing O/T and c/delay in filing substitution appln. and prayer for interim relief and office report) S.L.P.(C) NO.18257 of 2011 (With office report) S.L.P.(C) NOS.13529-13549 of 2011 (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NO.13613 of 2011 (With office report) S.L.P.(C) NO.1512 of 2007 (With office report) S.L.P.(C) NO.21597 of 2006 (With prayer for interim relief and office report) S.L.P.(C) NOS.20144-20150 of 2007 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NO.19668 of 2007 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NO.4869 of 2007 (With appln.(s) for c/delay in filing SLP and prayer for interim relief and office report) (For final disposal) S.L.P.(C) NO.5316 of 2007 (With office report) (For final disposal) S.L.P.(C) NOS.24704-24712 of 2007 SLP 9268-9270/2011 7 (With appln.(s) for permission to file addl. documents and office report) S.L.P.(C) NOS.12263-12282 of 2008 (With appln.(s) for substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NO.15648 of 2008 (With office report) S.L.P.(C) NOS.13415-13426 of 2008 (With appln.(s) for permission to file addl. documents and c/delay in filing SLP and office report) S.L.P.(C) NOS.5392-5394 of 2008 (With office report) S.L.P.(C) NOS.15485-15486 of 2009 (With appln.(s) for exemption from filing OT and office report) S.L.P.(C) NOS.8592-8596 of 2009 (With office report) S.L.P.(C) NOS.34118-34120 of 2010 (With office report) S.L.P.(C) NOS.4176-4179 of 2010 (With appln.(s) for substitution and c/delay in filing substitution appln. and prayer for interim relief and office report) S.L.P.(C) NOS.11156-11158 of 2009 (With prayer for interim relief and office report) S.L.P.(C) NOS.33637-33638 of 2011 (With office report) S.L.P.(C) NO.28895 of 2008 (With appln.(s) substitution and c/delay in filing substitution appln. and c/delay in filing/refiling SLP and office report) S.L.P.(C)...CC NO. 863-865 of 2011 (With appln.(s) for permission to file SLP and office report)

S.L.P.(C) NO.33257 of 2010 (With appln.(s) for c/delay in filing SLP and substitution and c/delay in filing substitution appln. and office report) S.L.P.(C) NOS.11171-11172 of 2009 (With office report) S.L.P.(C) NOS.3125-3126 of 2011 (With office report) S.L.P.(C) NOS.29721-29722 of 2009 (With appln.(s) for c/delay in filing SLP and office report) S.L.P.(C) NO.31281 of 2009 (With appln.(s) for c/delay in filing SLP and office report) Civil Appeal No.8719 of 2010 S.L.P.(C) NOS.3367-3368 of 2010 (With appln.(s) for c/delay in filing SLP and c/delay in refiling SLP and office report) Date: 17/01/2012 These Petitions were called on for hearing today. SLP 9268-9270/2011 8 CORAM : HON'BLE MR. JUSTICE ALTAMAS KABIR HON'BLE MR. JUSTICE J. CHELAMESWAR For Petitioner(s) Mr. P.N. Misra, Sr. Adv. Mr. Manjit Singh, AAG, Haryana Mr. Tarjit Singh, Adv. Mr. Kamal Mohan Gupta, AOR Mr. Ashok Kumar Singh, AOR In SLP 1678-97/10, Mr. R.K. Kapoor, Adv. 15508-11/11 & Ms. Shewta Kapoor, Adv. 13529-13549/11 Ms. Reetu Sharma, Adv. Mr. Anis Ahmed Khan, AOR In SLP 5392-94/08 Mr. Dinesh Kr. Tiwary, Adv. Mr. Rajat Sharma, Adv. Mr. Chandan Kumar, Adv. Ms. Anita Pandey, Adv. Ms. Vibhu Shankar Mishra, Adv. Dr. Kailash Chand, AOR In 19167-19169/11 Mr. Somvir Singh Deswal, Adv. Mr. C.P. Malik, Adv. Dr. Sushil Balwada, AOR In SLP 31832/10 & Mr. Himanshu Gupta, Adv. 33749/10 Mr. Shivaji M. Jadhav, AOR In SLP 14389-14390/ Mr. Gautam Godera, Adv. Mr. Jay Kishor Singh, AOR Mr. C.D. Singh, AOR In SLP 32192/10 Mr. K.G. Bhagat, Adv. Mr. Manohar Singh Bakshi, Adv. Ms. Neha Jain, Adv. Mr. Vineet Bhagat, AOR In SLP 33755/10 Mr. Mahabir Singh, Sr. Adv. Mr. Rakesh Dahiya, AOR Mr. Nikhil Jain, Adv. Ms. Preeti Singh, Adv. Mr. R.V. Kameshwaran, AOR

Mr. Rohit Kumar Singh, AOR In SLP 33322-29/10, Mr. Ranbir Singh Yadav, AOR 20139/11 & 18257/11 Mr. P. Kakra, Adv. Ms. Anzu K. Varkey, Adv. Ms. N. Annapoorani, AOR In SLP 31561-68/10, Mr. Manoj Swarup, AOR 33337-40/10, Mr. Ankit Swarup, Adv. 21597/06, 19668/07 Mr. V.K. Mehta, Adv. 20144-150/07 & In SLP 4869/2007 Mr. Nidhesh Gupta, Sr. Adv. Mr. Rishi Malhotra, Adv. Mr. Prem Malhotra, AOR In SLP 28644-85/07, Mr. J.L. Gupta, Sr. Adv. 28613-42/10, Mr. Somvir Singh Deswal, Adv. 19167-69/11 & Mr. C.P. Malik, Adv. 24704-24712/07 Dr. Sushil Balwada, Adv. Mr. Shree Pal Singh, AOR Mr. R.D. Upadhyay, AOR In SLP 3367-68/10 Mr. P.S. Patwalia, Sr. Adv. Mr. Ashok K. Mahajan, AOR Mr. K.K. Mohan, AOR In SLP 21264-88/11 Dr. Monika Gosain, Adv. Mr. Abhinav Jain, Adv. Mr. Hariom Yaduvanshi, Adv. Mr. Vikas Sharma, Adv. For Respondent(s) Mr. Nitin Kumar Thakur, AOR Mr. D.S. Mahra, AOR Mr. Ashok Kumar Sharma, AOR In SLP 1678-97/10 Mr. T.S. Doabia, Sr. Adv. Mr. Jagjit Singh Chhabra, AOR Mr. Jaswant Persoya, Adv. Mr. Vinay K. Shilandra, Adv. In SLP 28613-42/10, Ms. Anubha Agarwal, Adv. SLP 9268-9270/2011 10 7233-39/11, Dr. Monika Gusain, AOR 28644-28685/10 In SLP 9268-9270/ Mr. P.N. Mishra, Sr. Adv. 2011, 5316/07 & Mr. Vikas Sharma, Adv. 33337-40/10 Mr. Tarjit Singh, Adv. Mr. Kamal Mohan Gupta, AOR In SLP 28613-28642/ Mr. G.K. Bansal, Sr. AAG Haryana 2010 & 28686/2010 Ms. Naresh Bakshi, AOR In SLP 12263-82/08 Mr. B.S. Mor, AAG, Haryana 5392-94/08 Mr. Neeraj Mor, Adv. Ms. Naresh Bakshi, AOR

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In SLP 14425/11,<br>31561-68/10 &<br>33322-29/10	Mr.<br>Ms.<br>Mr.<br>Mr.	Brijender Chahar, Sr. Adv.<br>Charu Sangwan, AAG, Haryana<br>Alok Sangwan, Adv.<br>Devashish Bharuka, AOR
In SLP 21537/06,<br>20144-50/07 &<br>19668/07		Mr. Manoj Swarup, AOR<br>Mr. Ankit Swarup, Adv.
In SLP 1678-97/10	Mr.<br>Mr.<br>Mr.<br>Mr.	Kuldip Singh, AOR<br>R.K. Pandey, Adv.<br>H.S. Sandhu, Adv.<br>Mohid Mudgil, Adv.
		Mr. Rishi Malhotra, AOR
		Mr. Samir Ali Khan, AOR
In SLP 20144-50/07		Mr. Govind Goel, Adv.<br>Dr. Monika Gosain, AOR<br>Mr. Sanjay Kumar Yadav, Adv.
	UPON hearing counsel the Court made the following	O R D E R
	S.L.P. (C) Nos.24704-24712 of 2007 (Ashrafi and others v.<br>State of Haryana and Others
SLP 9268-9270/2011	Hearing concluded.						11
	Judgment reserved.
	S.L.P. (C) 3367-3368 of 2010 (Atul Satsangi and Others v.<br>State of Haryana and Another)
	Hearing concluded.<br>Judgment reserved.
Others)	S.L.P. (C) 9268-9270 of 2011 (State of Haryana v. Vijay and
	Hearing concluded.<br>Judgment reserved.
	S.L.P. (C) Nos.19167-19169 of 2011
	Delay condoned.<br>Application for substitution is allowed.<br>Let<br>notice	issue	in	S.L.P.(C)		Nos.19167-19169	of
2011.	Since the learned Additional Advocate General, Mr.
	Manjit Singh, is present on behalf of the State of Haryana,<br>service of notice is dispensed with.<br>Leave granted.
No.4869	These<br>of<br>2007	matters<br>are<br>and	taken<br>5316	up<br>of	along<br>2007,	with<br>S.L.P.<br>arising<br>out	(C)<br>of

Notification dated 22nd August, 1988, under Section 4 of the Land Acquisition Act, 1894.

C.A. No.610 of 2010 @ S.L.P. (C) No.4869 of 2007, C.A. No.620 of 2012 @ S.L.P. (C) NO.5316 of 2007 and C.A. No.616 of 2010 @ S.L.P. (C) No.33755 of 2010

Delay condoned. SLP 9268-9270/2011

Leave granted. The appeal is allowed in terms of the signed order.

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S.L.P. (C) Nos.13415-13426 of 2008

Delay condoned. It is pointed by Mr. J.L. Gupta, learned senior counsel appearing for the petitioners, that this matter is also covered by the arguments in S.L.P. (C) Nos.24704-24712 of 2007, Ashrafi and others v. State of Haryana and others. Similarly, Mr. Somvir Singh Deswal, learned counsel, has submitted that S.L.P. (C) Nos.12263-12282 of 2008, S.L.P. (C) No.15648 of 2008, S.L.P. (C) Nos.5392-5394 of 2008, S.L.P. (C) Nos.15485-15486 of 2009, S.L.P. (C) Nos.8592-8596 of 2009, S.L.P. (C) Nos.34118-34120 of 2010, S.L.P. (C) Nos.4176-4179 of 2010, S.L.P. (C) Nos.11156-11158 of 2009, S.L.P. (C) No.28895 of 2008, S.L.P. (C) Nos. CC 863-865 of 2011, S.L.P. (C) No.33257 of 2010, S.L.P. (C) Nos.11171- 11172 of 2009, S.L.P. (C) Nos.3125-3126 of 2011, S.L.P. (C) Nos.29721-29722 of 2009, S.L.P. (C) No.31281 of 2009 and C.A. No.8719 of 2010, are all covered by the submissions made in Ashrafi's case. The judgment in all these matters are, accordingly, reserved and will be pronounced along with the judgment in Ashrafi's case.

S.L.P. (C) NOS.28613-28642 OF 2011 (Kamlesh Kumari Etc. Etc. v. State of Haryana and Another)

Hearing concluded in S.L.P. (C) Nos.28613-28642/11, 7233-7239/11, 35673-35693/10, 12083-12087/11, 14389- 14390/11, 13613/11, 674-681/11, 33749/10, 3647/11, 28644- 28685/10, 31832/10, 27706-27723/10, 14425/11 and 28686/11. Judgment reserved. SLP 9268-9270/2011

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S.L.P. (C) Nos.31772-31776 of 2011

These special leave petitions, which are listed under Item No.4 of today's list, will also be covered by the arguments advanced in the case of Kamlesh Kumari etc. etc. v. State of Haryana [S.L.P. (C) Nos.28613-28642 of 2010].

List rest of the matters tomorrow (18.01.2012) as continuing part heard matters.

(Chetan Kumar) (Juginder Kaur) Court Master Assistant Registrar (Signed order is placed on the file)