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The Supreme Court on Tuesday upheld an order increasing the compensation payable to some owners whose land in Haryana was acquired for the Kundli-Manesar-Palwal highway. A bench of Justices BR Gavai and KV Viswanathan set aside a November 2021 judgment of the Punjab and Haryana High Court quashing an order of the District Revenue Officer-cum-Land Acquisition Collector (LAC) whereby Jhajjar increased the compensation.

The LAC, in an order dated September 15, 2020, increased the compensation to Rs 19,91,300 per acre, along with statutory benefits as earlier granted by the Supreme Court to similarly situated landowners. The Court has ruled on an appeal filed by some landowners against the Supreme Court’s judgment of November 2021.

The Bench, in a notification dated November 2004 under the Land Acquisition Act, 1894, noted that the appellants’ land in Jhajjar district had been acquired for the expressway and by an award in March 2006, compensation of Rs 12.50 lakh per acre fixed. It noted that some landowners in similar positions, aggrieved by the award, preferred to file an application for increase in compensation before the Additional District Judge, Jhajjar, but it was rejected.

The Bench further noted that such landowners approached the Supreme Court, which in May 2016 increased the compensation to Rs 19,91,300 per acre along with statutory benefits. The Bench said that on June 30, 2016, the appellants filed an application under Section 28-A of the Act before the LAC, Jhajjar, which held that the appellants were entitled to the benefit of the May 2016 judgment of the Supreme Court and the compensation increased. Section 28-A of the Act deals with redetermination of the amount of compensation on the basis of an order of the court.

The matter again came before the Supreme Court, which quashed the LAC order. Referring to an earlier decision of the court, the court noted that it was held that the statement of the objects and reasons of Section 28-A would reveal that the purpose underlying the enactment of the provision was to eliminate inequality in the payment of compensation for the same or similar problems. quality of the soil.

The Court said it was not in dispute that the first appeal, which was allowed by the High Court in May 2016, related to the land covered by the same notice, which included the appellants’ land. “We are therefore inclined to grant the appeal. The impugned judgment and order of the Supreme Court dated November 25, 2021 is set aside and set aside and the order of the LAC dated September 15, 2020 is upheld,” the Bench said.