NEW DELHI: At a time when reimbursement to farmers for land acquisition gets political overtones, the Supreme Court has asked the Punjab and Haryana high court docket to rethink its resolution to support market worth of obtained land at Hansi in Hisar district from Rs 12 lakh to Rs 2 crore according to acre, an building up of just about 17 occasions.
In 2005, the Haryana executive notified acquisition of 229 acres of land in Hansi for residential projects and the reimbursement according to acre was once fixed at Rs 12 lakh. The Reference Court enhanced it to Rs 48.four lakh according to acre. The state authorized the award however landowners moved the HC for additional enhancement. The HC in 2016 enhanced the speed to Rs 2 crore according to acre saying the land was once situated at high location and possessed immense potentiality. The Haryana executive challenged it in the SC.
Additional advocate common Alok Sangwan argued before a bench of Justices Kurian Joseph and Mohan M Shantanagoudar that the HC erred by means of classifying the land as commercial when in fact it was once agricultural land. He additionally produced sale deeds referring to land situated in the course of the obtained land, which had fetched between Rs four lakh and Rs eight lakh according to acre.
Appearing for land house owners, suggest Neeraj Kumar Jain and Manoj Swarup termed the HC order as ‘equitable’ and challenged manufacturing of sale deeds by means of the state executive saying those didn't mirror the actual market worth of the land in question. They cited the sale of land by means of Haryana Urbad Development Authority in favour of government departments at a a long way upper fee than the ones depicted in the sale deeds.
Justice Shantanagoudar mentioned: “Having gone through the subject material on record and after taking into account the arguments of the advocates, we are of the opinion that the Reference Court, in addition to the HC, have no longer regarded as the sale deeds produced on behalf of the state for resolution of reimbursement.”
“A chart of the sale deeds on record filed before us by means of the advocates appearing on behalf of the state reveals prima facie the value of positive land concerned about the ones sale deeds. The website plan of village Hansi depicts such sold patches as being in the middle of the obtained land. The lands in all of the sale deeds proven along the plan are in close proximity and adjoining to the land obtained under the Section four of notification of the current case,” the bench mentioned.
“There is not any reason as to why the HC, while coming to its conclusion, has no longer referred to the sale statistics. If the sale statistics are to be ignored, the HC must have furnished reasons for doing so... In our regarded as opinion, the method of granting reimbursement at the foundation of cumulative building up as performed was once no longer permissible in the details of the case, in view of the sale deeds produced. The method of working out reimbursement with out taking into account the proof on record cannot be mentioned to be justifiable,” the SC mentioned.
In 2005, the Haryana executive notified acquisition of 229 acres of land in Hansi for residential projects and the reimbursement according to acre was once fixed at Rs 12 lakh. The Reference Court enhanced it to Rs 48.four lakh according to acre. The state authorized the award however landowners moved the HC for additional enhancement. The HC in 2016 enhanced the speed to Rs 2 crore according to acre saying the land was once situated at high location and possessed immense potentiality. The Haryana executive challenged it in the SC.
Additional advocate common Alok Sangwan argued before a bench of Justices Kurian Joseph and Mohan M Shantanagoudar that the HC erred by means of classifying the land as commercial when in fact it was once agricultural land. He additionally produced sale deeds referring to land situated in the course of the obtained land, which had fetched between Rs four lakh and Rs eight lakh according to acre.
Appearing for land house owners, suggest Neeraj Kumar Jain and Manoj Swarup termed the HC order as ‘equitable’ and challenged manufacturing of sale deeds by means of the state executive saying those didn't mirror the actual market worth of the land in question. They cited the sale of land by means of Haryana Urbad Development Authority in favour of government departments at a a long way upper fee than the ones depicted in the sale deeds.
Justice Shantanagoudar mentioned: “Having gone through the subject material on record and after taking into account the arguments of the advocates, we are of the opinion that the Reference Court, in addition to the HC, have no longer regarded as the sale deeds produced on behalf of the state for resolution of reimbursement.”
“A chart of the sale deeds on record filed before us by means of the advocates appearing on behalf of the state reveals prima facie the value of positive land concerned about the ones sale deeds. The website plan of village Hansi depicts such sold patches as being in the middle of the obtained land. The lands in all of the sale deeds proven along the plan are in close proximity and adjoining to the land obtained under the Section four of notification of the current case,” the bench mentioned.
“There is not any reason as to why the HC, while coming to its conclusion, has no longer referred to the sale statistics. If the sale statistics are to be ignored, the HC must have furnished reasons for doing so... In our regarded as opinion, the method of granting reimbursement at the foundation of cumulative building up as performed was once no longer permissible in the details of the case, in view of the sale deeds produced. The method of working out reimbursement with out taking into account the proof on record cannot be mentioned to be justifiable,” the SC mentioned.
SC: Rethink hiking per acre payoff from Rs 12L to Rs 2cr
![SC: Rethink hiking per acre payoff from Rs 12L to Rs 2cr]()
Reviewed by Kailash
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May 25, 2018
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