Land for expressway: SC upholds order enhancing compensation to land owners

New Delhi: The Supreme Court on Tuesday upheld an order which enhanced the compensation payable to some land owners whose land in Haryana was acquired for Kundli-Manesar-Palwal expressway.

A bench of Justices B R Gavai and K V Viswanathan set aside a November 2021 verdict of the Punjab and Haryana High Court quashing an order of the district revenue officer-cum-land acquisition collector (LAC), Jhajjar enhancing the compensation.

The LAC, in an order passed on September 15, 2020, enhanced the compensation to Rs 19,91,300 per acre along with statutory benefits as awarded earlier by the high court to similarly-placed land owners.

The top court delivered its verdict on an appeal filed by some land owners challenging the high court’s November 2021 verdict.

The bench noted by a November 2004 notification under the Land Acquisition Act, 1894, the land of the appellants in Jhajjar district was acquired for the expressway and by an award in March, 2006, a compensation of Rs 12.50 lakh per acre was determined.

It noted that aggrieved by the award, some similarly-placed land owners preferred a reference for enhancement of compensation before the additional district judge, Jhajjar but the same was dismissed.

The bench further noted such land owners approached the high court, which in May, 2016, enhanced the compensation to Rs 19,91,300 per acre along with statutory benefits.

The apex court said on June 30, 2016, the appellants filed an application under Section 28-A of the Act before the LAC, Jhajjar, which held that appellants were entitled to benefit of the high court’s May, 2016 verdict and enhanced the compensation.

Section 28-A of the Act pertains to re-determination of amount of compensation on the basis of award of the court.

The matter again came up before the high court which set aside the LAC’s order.

Referring to a previous verdict delivered by the apex court, the bench noted it was held that statement of objects and reasons of Section 28-A would reveal that the object underlying the enactment of the provision was to remove inequality in payment of compensation for same or similar quality of land.

The apex court said it was not in dispute that the first appeal, which was allowed by the high court in May, 2016, was with respect to the land covered by the same notification under which the appellants’ land was also covered.

“We are, therefore, inclined to allow the appeal. The impugned judgment and order of the high court dated November 25, 2021 is quashed and set aside and the order of the LAC dated September 15, 2020 is upheld,” the bench said.