REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
1
2 CIVIL APPEAL NO. 4005 OF 2012
3 (Arising out of SLP (C) No. 26866 of 2009
Mehrawal Khewaji Trust (Regd.),
Faridkot & Ors. .... Appellant (s)
Versus
State of Punjab & Ors. .... Respondent(s)
J U D G M E N T
P. Sathasivam, J.
1) Leave granted.
2) This appeal is directed against the final judgment and order dated
06.01.2009 passed by the High Court of Punjab and Haryana at Chandigarh in
R.F.A. No. 998 of 1988 (O&M) along with seven other appeals by which the
High Court declined to interfere with the order dated 11.02.1988 of the
Additional District Judge, Faridkot in L.R. No. 20 of 1984.
3) Brief facts:
(a) Colonel Sir Harindar Singh, since deceased, was the former ruler of
the State of Faridkot. In 1979, 259 Kanals and 16 Marlas (33 acres) of
land owned by him had been acquired by the Punjab Government for extension
of existing Grain Market at Faridkot vide Notification No. 14(68)M-iv-
78/17315 dated 22.12.1979 under Section 4 of the Land Acquisition Act,1894
(hereinafter referred to as “the Act”) which was published in the Punjab
Government Gazette. Notification under Section 6 of the Act was issued on
19.02.1982. The award by the Collector was announced on 02.10.1982 and
possession of the land was also taken on that day. The Collector awarded
compensation at the rate of Rs.15,000/- per acre for Nehri land, Rs.10,000/-
per acre for Barani land and Rs.25,000/- per acre for Banjar Kadim land
and Ghair Mumkin land. The total compensation awarded including solatium
at 15% was Rs.4,85,202.86/-.
(b) Aggrieved by the award passed by the Collector, on 27.10.1982, the
appellants filed an application for reference under Section 18 of the Act.
The Additional District Judge, Faridkot, by order dated 11.02.1988 in L.R.
No. 20 of 1984 disposed of the reference by enhancing the compensation to
Rs.1,00,000/- per acre.
(c) Against the aforesaid order, the appellants preferred R.F.A. No.998
of 1988 before the High Court. The High Court, by the impugned common
order and judgment dated 06.01.2009, declined to interfere with the order
passed by the Additional District Judge and did not enhance the
compensation as claimed by the appellants.
(d) Aggrieved by the order passed by the High Court, the appellants have
filed this appeal by way of special leave before this Court.
4) Heard Mr. Dhruv Mehta, learned senior counsel for the appellants, Mr.
Vivek Goyal, learned Additional Advocate General for the State of Punjab
and Mr. T.S. Doabia, learned senior counsel for respondent No.2.
5) The only point for consideration in this appeal is whether the
appellants have made out a case for higher compensation as claimed.
6) The materials placed before the Land Acquisition Collector and the
Reference Court show that the land is of great potential value inasmuch as
the same being strategically located at a commercial hub abutting main
roads and surrounded by commercial building including that of Canal Colony,
Godowns of Food Corporation of India, private and Government Residential
Colonies, Red Cross Bhawan, Government Medical College, existing Grain
Market and Godown of Warehousing Corporation. It was also pointed out that
one pocket of the land known as “Tikoni” is having main roads on three
sides.
7) In support of their claim for higher compensation, the appellants
have relied upon various sale deeds in the reference under Section 18 of
the Act. It was further seen that the Reference Court discarded all the
sale instances related to area less than one kanal and proceeded to
consider other sale instances. It was pointed out that the State of Punjab
did not challenge the said criteria adopted by the Reference Court. By
pointing out the same, it was argued on the side of the appellants that the
exemplars for sale of one kanal or more are available to be relied upon.
8) The Reference Court has taken into consideration three sale exemplars
which are Ext.A-48, Ext. A-52 and Ext.A-61. It is the grievance of the
appellants that in the place of relying upon the highest exemplars, the
Reference Court erroneously determined the market price of the appellants
land by averaging the prices of all the three exemplars and thereby awarded
a compensation of Rs. 1 lakh per acre. The High Court upheld the said
order of the Reference Court.
9) The appellants are aggrieved on two aspects, firstly the highest
exemplar, namely, Ext. A-61 should have been relied upon in the place of
averaging the prices and secondly, the Reference Court did not grant
interest on solatium.
10) The Reference Court held the following three sale transactions relied
upon by the appellants as relevant for determination of the market value of
the land in dispute:
_____________________________________________________________
Sale Deed Date Area Price
(K-M) (Rs.K-M) (Rs./acre)
_____________________________________________________________
Ex. A-48 29.05.1979 3-4 31,000 77,500
Ex.A-52 20.03.1978 1-5.25 19,000 1,21,600
Ex.A-61 22.07.1977 1-3 20,000 1,39,130
_____________________________________________________________
Considering all these transactions including other references, the
Reference Court disposed of the matter by a common order whereby the
compensation was enhanced to Rs.1,00,000/- per acre.
11) Since the measurements of the land under acquisition are in kanals
and marlas in the State of Punjab, the conversion of these units in acres
and square yards is being set out as under:
20 marlas = 1 kanal
8 kanals = 1 acre
160 marlas = 1 acre
1 acre = 4840 sq. yds.
1 kanal = 605 sq. yds.
1 marla = 30.25 sq. yds.
12) As pointed out above, the Reference Court failed to take note of the
highest exemplar, namely, the sale transaction under Ext.A-61 dated
22.07.1977. In this regard, it is useful to refer the decision of this
Court in Sri Rani M. Vijayalakshmamma Rao Bahadur, Ranee of Vuyyur vs.
Collector of Madras, (1969) 1 MLJ 45 (SC). In this case, this Court has
held thus:
“… where sale deeds pertaining to different transactions are relied on
behalf of the Government, that representing the highest value should
be preferred to the rest unless there are strong circumstances
justifying a different course. In any case we see no reason why an
average of two sale deeds should have been taken in this case.”
13) In State of Punjab and Another vs. Hansraj (Dead) by LRS. Sohan Singh
and Others, (1994) 5 SCC 734, this Court has held that method of working
out the ‘average price’ paid under different sale transactions is not
proper and that one should not have, ordinarily recourse to such method.
This Court further held that the bona fide sale transactions proximate to
the point of acquisition of the lands situated in the neighbourhood of the
acquired lands are the real basis to determine the market value.
14) This Court in Anjani Molu Dessai vs. State of Goa and Another,
(2010) 13 SCC 710, after relying upon the earlier decisions of this Court
in M. Vijayalakshmamma Rao Bahadur (supra) and Hansraj (supra) held in para
20 as under:
“20. The legal position is that even where there are several exemplars
with reference to similar lands, usually the highest of the exemplars,
which is a bona fide transaction, will be considered.”
Again, in para 23, it was held that “the averaging of the prices under the
two sale deeds was not justified.”
15) It is clear that when there are several exemplars with reference to
similar lands, it is the general rule that the highest of the exemplars, if
it is satisfied, that it is a bona fide transaction has to be considered
and accepted. When the land is being compulsorily taken away from a
person, he is entitled to the highest value which similar land in the
locality is shown to have fetched in a bona fide transaction entered into
between a willing purchaser and a willing seller near about the time of the
acquisition. In our view, it seems to be only fair that where sale deeds
pertaining to different transactions are relied on behalf of the
Government, the transaction representing the highest value should be
preferred to the rest unless there are strong circumstances justifying a
different course. It is not desirable to take an average of various sale
deeds placed before the authority/court for fixing fair compensation.
16) Based on the above principles, the market value as per Ext.A-61 dated
22.07.1977 was Rs. 1,39,130.43 per acre (approx. Rs.1.40 lakhs per acre).
The said sale deed was two and a half years prior in time than Section 4(1)
notification dated 22.12.1979. There is no reason to eschew the above sale
transaction. It is also pointed out that the lands covered under Ext.A-61
are nearer to the lands of the appellants under acquisition. This Court
has time and again granted 10% to 15% increase per annum. In Ranjit Singh
vs. Union Territory of Chandigarh (1992) 3 SCC 659, this Court applied the
rule of 10% yearly increase for award of higher compensation. In Delhi
Development Authority vs. Bali Ram Sharma & Ors. (2004) 6 SCC 533, this
Court considered a batch of appeals and applied the rule of annual increase
for grant of higher compensation. In ONGC Ltd. vs. Rameshbhai Jivanbhai
Patel (2008) 14 SCC 745, this Court held that where the acquired land is in
urban/semi-urban areas, increase can be to the tune of 10% to 15% per annum
and if the acquired land is situated in rural areas, increase can be
between 5% to 7.5% per annum. In Union of India vs. Harpat Singh & Ors.
(2009) 14 SCC 375, this Court applied the rule of 10% increase per annum.
Based on the above principle, we fix the annual increase at 12% per annum
and with that rate of increase, the market value of the appellants’ land
would come to Rs.1,82,000 per acre as on the date of notification.
17) Though the Reference Court relied on the sale transaction covered
under Ex. A-48 dated 29.05.1979 and fixed compensation @ Rs.1 lakh per acre
inasmuch as under Ex. A-61 dated 22.07.1977, i.e., even two and a half
years prior to notification under Section 4(1) of the Act, the adjacent
lands have fetched higher price and in the light of the principles laid
down in the above decisions, we are of the view that exemplar Ex.A-61 dated
22.07.1977 is quite reasonable and acceptable. However, as rightly pointed
out by the learned counsel for Respondent No.2 and considering the fact
that the area of land under Ex. A-61 dated 22.07.1977 is a smaller one, it
is but proper that appropriate deduction should be made for the same. In
Trishala Jain & Anr. vs. State of Uttaranchal & Anr., 2011 (6) SCC 47, this
Court has held that the value of sale of small pieces of land can be taken
into consideration for determining the value of large tract of land but
with a rider that the Court while taking such instances into consideration
has to make a reasonable deduction keeping in view of other attendant
circumstances. Similar view has been expressed in State of Madhya Pradesh
& Ors. vs. Kashiram (dead) by L.Rs. & Ors., 2010 (14) SCC 506 and Prabhakar
Raghunath Patil & Ors. vs. State of Maharashtra, 2010 (13) SCC 107. In
view of the same, it would be just and reasonable to allow deduction @ 20%.
By applying the above method, the market value for the acquired land is
fixed at Rs.1,82,000/- minus Rs.36,400/- (towards 20% deduction) equivalent
to Rs.1,45,600/- rounded at Rs.1,45,000/- per acre which is quite fair,
reasonable and acceptable.
18) The other grievance of the appellants is that interest on solatium
and additional market value was not granted. This aspect has been
considered and answered by the Constitution Bench in the case of Sunder vs.
Union of India, (2001) 7 SCC 211. While considering various decisions of
the High Courts and approving the decision of the Punjab and Haryana High
Court rendered in State of Haryana vs. Kailashwati, AIR 1980 P&H 117, this
Court held that the interest awardable under Section 28 would include
within its ambit both the market value and the statutory solatium. In view
of the same, it is clear that the person entitled to the compensation
awarded is also entitled to get interest on the aggregate amount including
solatium. The above position has been further clarified by a subsequent
Constitution Bench judgment in Gurpreet Singh vs. Union of India, (2006) 8
SCC 457. Based on the earlier Constitution Bench decision in Sunder
(supra), the present Constitution Bench held that the claimants would be
entitled for interest on solatium and additional market value if the award
of the Reference Court or that of the appellate Court does not specifically
refer to the question of interest on solatium and additional market value
or where the claim had not been rejected either expressly or impliedly. In
view of the same, we hold that the appellants are entitled to interest on
solatium and additional market value as held in the above referred two
Constitution Bench judgments.
19) In the light of the above discussion, the appellants have made out a
case for enhancement of compensation. Accordingly, the same is fixed at
Rs.1,45,000/- per acre with all other statutory benefits including interest
on solatium and additional market value. The appeal is allowed to the
extent mentioned above. No order as to costs.
...…………….…………………………J.
(P. SATHASIVAM)
.…....…………………………………J.
(J. CHELAMESWAR)
NEW DELHI;
APRIL 27, 2012.
-----------------------
12
