The Supreme Court of India is hearing the case of State of Haryana vs. Subhash Chander and others regarding the compensation for 58 acres of land in village Kherki, Majra that was acquired for public purpose under the Land Acquisition Act, 1894. The land acquisition officer declared the award and the compensation was enhanced by the reference court. The High Court, however, allowed the original land owners’ appeal and determined the compensation at Rs. 2,98,54,720/acre with all other statutory benefits. The State of Haryana is now appealing the High Court’s decision, arguing that the High Court erred in taking into consideration the compensation determined by the Supreme Court in a previous case. The learned AAG for the State also argues that the prices of the land were decreasing and should have been taken into consideration.

This post summarizes the decision made by the Court regarding the compensation for land acquired through a notification issued on 25.01.2008. The Court previously determined the compensation to be Rs. 2,38,00,000 per acre in a prior case. However, considering the time gap between the 2008 notification and 2010 notification, the Court allowed for an enhancement ranging between 8% to 15%. In this specific case, a 10% increase was deemed to be just compensation. The decision was based on the sale instances produced on record and was made to meet the ends of justice.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.