Jaspal Singh & Others vs. The State of Haryana and Others

Civil Appeal · 2022 INSC 1126Decided 20 Oct 2022
Civil Appeal Nos. 7516-7521 of 2022

Background

Land at village Jharli, District Jhajjar, Haryana was acquired for the Jhajjar Thermal Power Plant, with the Land Acquisition Collector awarding Rs. 16,00,000/- per acre and a Reference Court later enhancing it to Rs. 17,64,350/- per acre. On cross-appeals, the Punjab and Haryana High Court reduced the compensation back down to Rs. 16,00,000/- per acre, prompting the landowners to appeal to the Supreme Court. The landowners pointed out that land just across the road (Bahu Road) (acquired around the same time for the Arawali Power Project, including land from the same survey number in one instance) had earlier been awarded a much higher Rs. 25,00,000/- per acre by the Supreme Court itself.

Decision Breakdown

The Supreme Court held that the lands acquired for the two projects were similarly situated (same village, directly across from each other, with only a short time gap between the Section 4 notifications), so it would be unjust for landowners on one side of the road to receive vastly less compensation than those on the other side for effectively comparable land. It rejected the argument that the earlier Rs. 25,00,000/- figure was strictly a one-off "not to be treated as precedent" ruling, clarifying that phrase applied narrowly to the Court's use of post-notification sale deeds, not to the comparability of the land itself. Balancing the evidence, the Court fixed just compensation at Rs. 22,00,000/- per acre for the landowners in this batch, along with statutory benefits including interest, except that landowners in a specific set of appeals (arising from RFA Nos. 4322/2016, 4682/2016, 804/2017 and 805/2017) were denied interest for their delay in filing/refiling before the High Court, per an earlier condition imposed by the High Court itself.

Lesson Learnt

In land acquisition compensation disputes, courts look at whether neighbouring or similarly situated land parcels received markedly different compensation and will correct such disparities to ensure landowners get just and equitable compensation for comparable land, even where an earlier ruling was framed as case-specific.

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