Jagjit Singh and Others Etc. Etc. v. State of Punjab and Another Etc. Etc.

Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 5337- 5434 of 2022. From the Judgment and Order dated 28.01.2010 in RFAs Nos.1612, 1616, 1618, 2319, 2632, 2669 of 2000, 277, 280, 317, 327, 328, 1307, 1309, 1310, 1312, 1313, 1316, 1377, 1379, 1452, 1719, 1983, 1984, 2133, 2137, 2150, 2154, 2159, 2182, 2183, 2221, 2224, 2225, 2226, 2280, 2315, 2957, 2958, 3352, 3412, 3555, 4158, 4249, 4311, 4628, 5164, 5784 of 2001, 338, 666, 816, 1370, 2872, 3257, 3259, 3265, 3294, 4201 of 2002, 2426, 4550 of 2003, 2932 of 2005, 1828 of 2007,1298, 1302, 1424 of 2009, dated 18.05.2010 in RFAs No.1434, 4648 of 2001, 3603 of 2002, 2427, 2666 of 2003, 2490 of 2004, 501 of 2005, 3447 of 2006, dated 07.03.2012 in RFAs Nos.5138, 5139, 5590, 5591, 5597, 5715, 5733, 5787 of 2001, 205, 207, 933, 1936, 2492, 2550, 4194 of 2002, 1054, 1079, 1470, 1472, 1546, 2480, 2787, 3279, 4258 of 2003, dated 12.08.2013 in RFAs No.2948 of 2007 and dated 02.08.2013 in RFA No.4975 of 2010 of the High Court of Punjab and Haryana at Chandigarh. Vinay Kumar Garg, Sr. Adv., Naresh Kaushal, K. S. Rekhi, Subhasish Bhowmick, Advs. for the Appellants. Ms. Uttara Babbar, Ms. Ranjeeta Rohatgi, Advs. for the Respondents. The Judgment of the Court was delivered by M. R. SHAH, J.

1Feeling aggrieved and dissatisfied with the impugned common judgment(s) and order(s) dated 28.01.2010/18.05.2010/07.03.2012 passed in the respective first appeals, dated 12.08.2013 in RFA No. 2948/2007 and dated 2.8.2013 passed in RFA No. 4975/2010, the particulars of which are as under, 75 76 77 78 determining/awarding the compensation for the acquired lands in question at Rs. 7,80,000/- per acre, the original landowners have preferred the present appeals.

2At the outset, it is required to be noted that while determining the amount of compensation @ Rs. 7,80,000/- per acre in the respective first appeals except RFA No. 4975/2010, the High Court has relied upon its earlier decision in the case of Kapoor Singh v. The State of Punjab & Another (RFA No. 2348/1998 decided on 28.01.2010). So far as Civil Appeal arising out of impugned judgment and order passed by the High Court dated 2.8.2013 in RFA No. 4975/2010 is concerned, the High Court has determined the compensation at Rs. 19,85,700/- per acre, relying upon its earlier decision in the case of Surjit Singh v. State of Punjab & Another (RFA No. 3004/2006 decided on 2.3.2009).

3It is not in dispute that the aforesaid decisions of the High Court in the cases of Kapoor Singh (supra) & Surjit Singh (supra) were the subject matter of appeals before this Court and in the case of Kapoor Singh (supra) and other allied first appeals, this Court has enhanced the amount of compensation by a further amount of Rs.1,00,000/- and Rs. 2,00,000/- per acre in the case of Surjit Singh (supra), payable by the Greater Mohali Area Development Authority with interest and solatium as prescribed under 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 v. State of Punjab & Another Etc. and Civil Appeal No. 363/2013 – Surjit Singh v. State of Punjab & Anr. Etc.).

4It is not in dispute that the landowners in the present appeals are 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 Kapoor Singh (supra) & Surjit 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 Kapoor Singh (supra) & Surjit Singh (supra), by enhancing the amount of compensation by a further sum of Rs.1,00,000/- per acre and Rs. 2,00,000/- per acre respectively. However, there is a substantial delay in preferring the first appeals. Therefore, we deem it appropriate to deny the interest on the enhanced amount of compensation from the date of the judgment and order/s passed by the 79 High Court till the present appeals (special leave petitions) are preferred before this Court.

5In view of the undisputed facts, all these appeals are partly allowed. Accordingly, we enhance the amount of compensation payable to the landowners to Rs. 1,00,000/- per acre in all these appeals where the High Court has relied upon its earlier decision in the case of Kapoor Singh (supra) except Civil appeal arising out of the impugned judgment and order passed by the High Court passed in RFA No. 4975/2010 in which the High Court has relied upon its earlier decision in the case of Surjit Singh (supra). We enhance the amount of compensation payable to the landowners to Rs. 2,00,000/- per acre in Civil Appeal arising out of the impugned judgment and order passed by the High Court in RFA No. 4975/2010. It is also ordered that the original landowners shall be entitled to solatium as prescribed under the statute on the enhanced amount of compensation from the date of orders passed by the High Court. However, the original landowners – claimants shall not be entitled to interest from the date of the orders passed by the High Court till filing of the appeals before 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.

6All 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. Divya Pandey Appeals disposed of.