IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4819 OF 2008 (Arising out of S.L.P.(C) No.16984/2005)

Rama Nand ...Appellant(s)

Versus

State of Haryana ...Respondent(s) W I T H

CIVIL APPEALS NOS.4821 TO 4879 OF 2008 (Arising out of S.L.P.(C) Nos.17043, 17046, 16999, 16990, 17132, 17053, 17054, 17160, 17166, 17148, 17125, 17158, 17162, 17122, 17167, 17187, 17178, 17293, 17351, 17381, 17406, 17372, 17436, 17382, 17447, 17369, 18251, 17626, 16918, 19017, 19658, 20108-20109, 20153-20175, 26164,  26144 of 2005 and 2656  OF 2006)

O R D E R

Delay condoned.  Substitution allowed.

Leave granted.

The  appellants  are  the  claimants  under  the  Land  Acquisition  Act.  The

lands  in  question  stood  acquired  for  development  of  industrial  Sector  No.58,

Faridabad.   

The main controversy in the present case is that in the entire judgment of

the  reference  court,  the  discussion  relates  to  lands  acquired  for  development  of

Industrial Sector No.59 pursuant to the notification dated 10th June, 1988.  There is

no  discussion in  the  context  of  Sector  No.58.   In matter of  valuation,  courts  are

required to consider relevant  instances.    In   the  present  case,  the  entire  

  ..2/-

CA....@ SLP(C) 16984/05 etc. contd..

-2-

discussion  by  the  Reference  Court  proceeds  in  the  context  of  Section  No.59  and,

therefore, we find merit in the contention advanced on behalf of the appellant herein

that  his  claim  cannot  be  decided  on  the  basis  of  sale  instances  concerning  the

acquisition of the lands in industrial Sector No.59.  There is a First Appeal pending in

the High Court but that First Appeal also relates to Sector No.59.  The High Court

has merely copied extracts from the judgment of the Reference Court.

For the afore-stated reasons,  we set aside the impugned judgment of the

High Court in the present case and we remit the matters to the Reference Court for

deciding the rate of compensation payable to the appellants herein in the context of

Sector No.58, Faridabad.  We make it clear that we have not gone into the merits of

the case in the sense that we have not examined any of the sale instances pertaining to

Section No.58.  It would be open to the Reference Court to examine the matter  de

novo in accordance with law and any observations made herein will not come in its

way.  It would be open the Reference Court to consider relevant sale instances and

the proximity of the lands, if at all, to the lands in Section No.59.  We express no

opinion on that aspect of the case.   

                                                 ...3/-

CA....@ SLP(C) 16984/05 etc. contd..

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Before  concluding,  we  quote  herein-below our  order  dated  25th August,

2005:

“Counsel  for the petitioners states that so far as the  petitioners in these special leave petitions are concerned, there is no consideration of their case by the learned Single Judge or by the Division Bench.  He

further states that so far as Sector 58 is concerned, he is not claiming compensation on the basis of what may be awarded in respect of the land acquired in Sector 59.”

On a bare reading of the said order, it is clear that the appellants will not

claim compensation on the basis of what is awarded in respect of the lands acquired

for development of Sector 59.  This aspect is important because the appellants have

made  it  clear  before  this  Court  by  way  of  an  affidavit   that  they  will  claim

compensation only on the basis  of  the value of the land in Sector 58 and in that

regard they have to adduce evidence before the Reference Court.  Therefore, the rate

of  Rs.165/- awarded by the Reference Court earlier will  not be binding on either

parties  and  the  Reference  Court  is  free  to  decide  the  market  value  de  novo in

accordance with law.  The said rate of Rs.165/- is set aside.

   ...4/-

CA....@ SLP(C) 16984/05 etc. contd..

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Civil Appeals are disposed of accordingly.  No order as to costs.

                         ...................J.               (S.H. KAPADIA)

                        ...................J.

                                       (B. SUDERSHAN REDDY) New Delhi, August 04, 2008.