BANWARI LAL vs THE STATE OF HARYANA — C.A. No. 2903/2021
Case under Section IV. Status: DISPOSED.
CNR: SCIN010272102019
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
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
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
Fixed Date by Court
| Date | Purpose |
|---|---|
| 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
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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