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Jagjit Singh and Others Etc. Etc. vs State of Punjab and Another Etc. Etc.

Civil Appeal · 2022 INSC 876Decided 26 Aug 2022
Civil Appeal Nos. 5337-5434 of 2022
M.R. Shah · B.V. Nagarathna

Background

This batch of 98 connected appeals involved landowners whose land near Mohali was acquired under Section 4 notifications (mostly dated 12.11.1992, one set dated 14.06.1993, and one dated 21.02.2000). The Punjab & Haryana High Court had fixed compensation at Rs. 7,80,000 per acre (following its own earlier ruling in Kapoor Singh v. State of Punjab) for most appeals, and at Rs. 19,85,700 per acre (following Surjit Singh v. State of Punjab) for one batch (RFA No. 4975/2010). The landowners appealed to the Supreme Court seeking further enhancement, noting that the Kapoor Singh and Surjit Singh judgments themselves had already been enhanced by the Supreme Court in separate proceedings.

Decision Breakdown

The Supreme Court noted it was undisputed that the present landowners were similarly situated to those in the Kapoor Singh and Surjit Singh cases, where the Supreme Court had earlier enhanced compensation by Rs. 1,00,000 per acre and Rs. 2,00,000 per acre respectively (with interest and solatium), payable by the Greater Mohali Area Development Authority. The Court applied the same enhancement here: Rs. 1,00,000 per acre extra for cases following Kapoor Singh, and Rs. 2,00,000 per acre extra for the case following Surjit Singh, along with statutory solatium from the date of the High Court's orders. However, because of substantial delay in filing the appeals, the Court denied interest on the enhanced amount for the period between the High Court's orders and the filing of the appeals in the Supreme Court. The enhanced amounts were directed to be deposited by the Development Authority within three months before the Reference Court.

Lesson Learnt

Where the Supreme Court has already enhanced compensation for landowners in a "pilot" or precedent judgment relied upon by the High Court, similarly situated landowners in connected appeals are entitled to the same enhancement, but unreasonable delay in approaching the Court can cost a claimant the interest that would otherwise have accrued.

Official source (sci.gov.in)View Judgment (PDF)

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