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2017 DIGILAW 615 (PNJ)

Neera Sapra v. State of Haryana

2017-03-02

HARINDER SINGH SIDHU, RAJESH BINDAL

body2017
JUDGMENT : Rajesh Bindal, J. 1. The petitioners have filed the present petition challenging the vires of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 (for short, 'the Rules'). 2. Learned counsel for the petitioners submitted that by framing the Rules, the State has curtailed the powers conferred under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act'), which defines certain principles for assessment of compensation. In the Rules, certain para-meters have been laid down with reference to assessment of compensation of land located on National Highways, State Highways or other roads, which are not reasonable and so the principles laid down for assessment of compensation, where the acquired land is a large chunk. As the assessment of compensation in the manner prescribed in the Rules is not in conformity with the provisions of the Act, rather, the Rules have exceeded the mandate of the Act or limited its application, the same deserve to be declared ultra vires. He further submitted that though Section 26(1)(c) of the Act provides for assessment of compensation in case there is consent between the parties, however, nothing has been provided in the Rules regarding that. 3. After hearing learned counsel for the petitioners, we do not find any merit in the present petition. As per the scheme of the Act, after the process of acquisition is complete, Section 26 of the Act provides for determination of market value of the land by Land Acquisition Collector (for short, 'the Collector'). The same is extracted below: “26. 3. After hearing learned counsel for the petitioners, we do not find any merit in the present petition. As per the scheme of the Act, after the process of acquisition is complete, Section 26 of the Act provides for determination of market value of the land by Land Acquisition Collector (for short, 'the Collector'). The same is extracted below: “26. Determination of market value of land by Collector.- (1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:- (a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11. Explanation 1.- The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made. Explanation 2. - For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account. Explanation 3.- While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration. Explanation 3.- While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration. Explanation 4.- While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purpose of calculating market value. (2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule. (3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the reason that - (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding three years; or (c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas: Provided that in a case where the Requiring Body offers its shares to the owners of the lands (whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent. of the value so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be: Provided further that the Requiring Body shall in no case compel any owner of the land (whose land has been acquired) to take its shares, the value of which is deductible in the value of the land calculated under sub-section (1): Provided also that the Collector shall, before initiation of any land acquisition proceedings in any area, take all necessary steps to revise and update the market value of the land on the basis of the prevalent market rate in that area: Provided also that the appropriate Government shall ensure that the market value determined for acquisition of any land or property of an educational institution established and administered by a religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and administer educational institutions of their choice.” 4. Section 26 of the Act provides for determination of amount of compensation. This includes compensation of the land as well as assets attached to it. Section 28 of the Act provides for factors to be considered while awarding total compensation. Certain other statutory benefits are also provided. In case any person is aggrieved against the award of the Collector, he has the remedy to raise objections to the Collector under Section 64 of the Act, which are referred to an authority constituted under Section 51 of the Act. Before the court, the parties are at liberty to raise issues and get the amount of compensation re-assessed after leading evidence. 5. By framing the Rules, the State has merely given certain guidelines, on the basis of which assessment of compensation for the acquired land has to be assessed. These are the broader principles. It is settled that assessment of compensation even at the stage when the matter is referred to the court cannot be by mathematical accuracy. Reference can be made to the judgment of Hon'ble the Supreme Court in Viluben Jhalejar Contractor (Dead) by LRs v. State of Gujarat, (2005) 4 SCC 789 . The principles for determination of compensation in land acquisition cases are all well-settled. In case any landowner is aggrieved against the award of the Collector, he has effective remedy to raise an issue, which is considered by the Court. The principles for determination of compensation in land acquisition cases are all well-settled. In case any landowner is aggrieved against the award of the Collector, he has effective remedy to raise an issue, which is considered by the Court. Section 69 of the Act, in terms of which compensation is assessed by the Authority, provides that it shall be while keeping in view Sections 26 to 30 of the Act. 6. Merely because nothing has been provided in the Rules with reference to the cases where the amount of compensation is determined on the basis of consent of the parties will not render the Rules ultra-vires to the Act, as the section itself provides for that eventuality. 7. For the reasons mentioned above, we do not find any merit in the present petition. Accordingly, the same is dismissed.