Case Note & Summary
The Supreme Court dealt with applications for recall of its judgment dated 11.01.2019 in Wazir and Another vs. State of Haryana, which had determined compensation for land acquisition in Haryana. The applicants, landowners, alleged that the judgment contained factual mistakes in a tabular chart regarding sale deeds, an incorrect reference to an annual increase of 8% instead of 15% in a cited decision, arithmetical errors in calculations, and that the judgment required them to return compensation previously received at Rs.37.40 lakhs per acre. The Court heard the applicants and the State. It rejected the first submission, noting that the tabular chart was a reproduction of the High Court's chart and no objections were raised earlier; moreover, the sale deeds pertained to small plots and were not decisive for the large acquisition. The second submission was also rejected as the judgment relied on the cited decision only for the principle that small sale deeds are not good indicators for large acquisitions, not on the specific percentage of annual increase. However, the Court found merit in the arithmetical errors: the figure of Rs.48.366 lakhs should be Rs.48,66,666; after deducting 18.75%, the resultant figure should be Rs.39,54,666 instead of Rs.37.54 lakhs; consequently, the difference over the base figure should be Rs.9,77,333 instead of Rs.8.77 lakhs; the market value for certain villages should be Rs.29,77,333 per acre; and for village Manesar, Rs.59,31,999 per acre. Regarding the last submission, the Court held that the earlier decision in Haryana State Industrial Development Corporation Ltd. vs. UDAL and others did not assure minimum compensation of Rs.37.40 lakhs per acre, as the matter was remitted for fresh consideration uninfluenced by observations. However, if excess compensation was paid, the landowners would not be required to pay interest on the refund amount till a reasonable period. The Court rejected the recall prayer but modified the judgment to correct the arithmetical errors as specified.
Headnote
A) Land Acquisition - Compensation - Arithmetical Errors - Correction of Judgment - The Supreme Court, while rejecting the prayer for recall of its judgment, accepted that certain arithmetical errors existed in the judgment and modified the figures accordingly. The Court held that the tabular chart in paragraph 11 was a reproduction of the High Court's chart and could not be reconsidered at this stage. The errors in calculation were corrected by substituting the correct figures for compensation per acre. (Paras 6-9) B) Land Acquisition - Compensation - Small Sale Deeds - Relevance - The Court held that sale deeds of small pieces of land (less than one acre) are not correct indicators for determining market value of a large acquisition of 1500 acres. The judgment had already considered such sale deeds only to see a pattern of price rise, and the assessment would not be affected even if the suggested modifications were taken into account. (Paras 4, 5) C) Land Acquisition - Compensation - Remand - Uninfluenced Observations - The Court clarified that the earlier remand in Haryana State Industrial Development Corporation Ltd. vs. UDAL and others did not assure minimum compensation of Rs.37,40,000 per acre, as the matter was remitted for fresh consideration uninfluenced by any observations. However, if excess compensation was paid, the landowners would not be required to pay interest on the refund amount till a reasonable period. (Paras 7, 9)
Issue of Consideration
Whether the judgment dated 11.01.2019 in Wazir and Another vs. State of Haryana should be recalled due to alleged factual mistakes and arithmetical errors, and whether the compensation amounts should be revised.
Final Decision
The Supreme Court rejected the prayer for recall of the judgment but accepted the submission that certain arithmetical errors needed correction. The judgment was modified to substitute the correct figures: Rs.48,66,666/- per acre instead of Rs.48.366 lakhs; Rs.39,54,666/- per acre instead of Rs.37.54 lakhs; Rs.9,77,333/- instead of Rs.8.77 lakhs; Rs.29,77,333/- per acre instead of Rs.28.77 lakhs; and Rs.59,31,999/- per acre instead of Rs.56.31 lakhs. The Court also directed that if excess compensation was paid, the landowners would not be required to pay interest on the refund amount till a reasonable period.
Law Points
- Arithmetical errors in judgment can be corrected without recalling the judgment
- Land acquisition compensation calculation
- Reliance on small sale deeds for large acquisitions is not appropriate
- Remand for fresh consideration uninfluenced by earlier observations
