BANWARI LAL vs THE STATE OF HARYANA — C.A. No. 2903/2021

Case under Section IV. Status: DISPOSED.

CNR: SCIN010272102019

DISPOSED

Filing Date

31-07-2019 03:57 PM

Registration No

C.A. No. 2903/2021

Diary Number

27210/2019

Order Date

14-07-2021

Document Type

ROP - of Main Case

Disposal Type

Leave Granted & Disposed off

Acts & Sections

Section IV

Petitioner(s)

BANWARI LAL

Adv. SANDEEP JINDAL

Respondent(s)

THE STATE OF HARYANA

Adv. MONIKA GUSAIN (Dead / Retired / Elevated) [R-1] MONIKA GUSAIN (Dead / Retired / Elevated) [R-2] MONIKA GUSAIN (Dead / Retired / Elevated) [R-3]

Hearing History

Judge: HON'BLE MR. JUSTICE A.M. KHANWILKAR and HON'BLE MR. JUSTICE SANJIV KHANNA

14-07-2021

Fixed Date by Court

13-07-2021

Fixed Date by Court

08-07-2021

Fixed Date by Court

20-04-2021

Fixed Date by Court

23-02-2021

Fixed Date by Court

Orders in this case

View Full Judgment
casestatus.in Summary

Summary of C.A. No. 002903/2021 – Banwari Lal v. State of Haryana Case Overview The Supreme Court addressed a consolidated set of land acquisition disputes arising from three notifications (dated 01.05.2006, 07.02.2008, and 14.08.2008) issued by Haryana for acquiring agricultural land in multiple villages. The primary issue was determining fair market compensation for the acquired lands. Key Outcomes (by Notification) First Notification (01.05.2006) – Villages: Badoli, Pehladpur, Bhatola, Murtzapur, Sihi - Badoli, Pehladpur, Bhatola, Murtzapur: Court set compensation at Rs. 645/sq.yd. (discarding speculative sale instances executed after acquisition proposal; applying 20% deduction for agricultural land) - Sihi: Compensation upheld at Rs. 1,351/sq.yd. (no further reduction applied) Second Notification (07.02.2008) – Villages: Murtazapur, Bhatola, Neemka, Fajjupur Majra Neemka, Faridpur, Baroli/Badoli - Murtazapur: Rs. 2,376/sq.yd. (15% increase over 2 years + 20% deduction) - Bhatola: Rs. 2,396/sq.yd. (20% deduction applied to Rs. 2,995/sq.yd. base) - Neemka: Rs. 2,186/sq.yd. (7.5% annual increase + 20% deduction) - Fajjupur Majra Neemka: Rs. 2,509/sq.yd. (consistent with second notification valuation) - Faridpur: Rs. 1,778/sq.yd. (15% increase + 20% deduction) - Baroli/Badoli: Not separately awarded (no enhancement appeal filed by landowners) Third Notification (14.08.2008) – Multiple villages including Bhudena, Baselwa, Mawai, Palwali, Badshahpur, Bhatola, Murtazapur, Neemka, Fajjupur Majra Neemka, Faridpur, Kheri Kalan, Bhupani, Riwajpur, Tikawali, Kheri Khurd Key rates determined: - Bhudena: Rs. 3,073/sq.yd. - Baselwa: Rs. 3,704/sq.yd. - Mawai & Wazirpur: Rs. 2,000/sq.yd. - Palwali & Badshahpur: Rs. 2,000/sq.yd. (absent comparable sale instances) - Kheri Kalan: Rs. 2,665/sq.yd. (7.5% annual increase + 20% deduction) - Bhupani: Rs. 1,600/sq.yd. (20% deduction applied) - Riwajpur: Rs. 3,165/sq.yd. (mean of multiple sale instances + increase + deduction) - Tikawali: Rs. 2,038/sq.yd. - Kheri Khurd: Rs. 2,814/sq.yd. Legal Principles Applied 1. Sale Instance Analysis: Court discarded instances showing >100% price spike following acquisition announcements; prioritized comparable sales nearest to notification date 2. Price Escalation: Allowed 7.5%-15% annual increase based on time gaps between comparable sales and notification dates 3. Development Deduction: Consistently applied 20% reduction for agricultural/undeveloped land 4. Mean Valuation: Used average of comparable sales when multiple transactions existed Court Orders - State's appeals challenging High Court enhancements were partly allowed through modified compensation rates - Claimants' appeals for further enhancement were partly allowed in This case analysis is maintained by casestatus.in based on publicly available court records.

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