Supreme Court Dismisses Fazalwas Land Compensation Appeal, Follows Krishan Kumar Ruling
A bench led by Chief Justice Surya Kant dismisses a Gurugram landowner's appeal for higher compensation, holding the dispute squarely covered by the earlier Krishan Kumar judgment.
The Supreme Court on 29 May 2026 dismissed the civil appeal of Gopala Agri Farms Pvt. Ltd., a landowner in Village Fazalwas, Tehsil Manesar, District Gurugram, Haryana, who had sought further enhancement of land acquisition compensation beyond what the Punjab and Haryana High Court had awarded. A Division Bench of Chief Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh held that the controversy was no longer open, as the Court had already decided the compensation question for the very same acquisition — including lands in Village Fazalwas — in its reportable judgment in Krishan Kumar v. State of Haryana and others, pronounced on 7 May 2025. The High Court's award was affirmed, and the respondent authorities were directed to deposit any balance amount within eight weeks.
How the Dispute Reached the Supreme Court
The acquisition in question was set in motion by a notification dated 25 April 2008 under Section 4 of the Land Acquisition Act, 1894, followed by a Declaration dated 9 March 2009 under Section 6. The Land Acquisition Collector, by Award No. 20 dated 24 August 2009, assessed the market value of land in Village Fazalwas at Rs. 30,00,000 per acre.
Gopala Agri Farms found that figure inadequate and approached the Reference Court. By an award dated 15 November 2013, the Reference Court enhanced compensation to Rs. 62,14,421 lakhs per acre. Still dissatisfied, the company preferred Regular First Appeal No. 3389 of 2014 before the High Court.
The High Court, by its common judgment dated 30 May 2022, applied the belting method. It assessed the market value of lands abutting National Highway-8 up to a depth of five acres at Rs. 1,21,00,000 per acre, while maintaining the Reference Court's determination for lands situated beyond that depth. Gopala Agri Farms then sought further enhancement before the Supreme Court.
The Special Leave Petition was filed with a delay of 846 days. When the matter was first taken up on 10 January 2025, notice was issued on the condonation application as well as on the petition itself. When the matter came up again on 21 February 2025, the Court observed that the merits question was already covered by the reserved judgment in Krishan Kumar, and directed that the delay question would be separately considered. Orders were reserved at that stage.
The Krishan Kumar Judgment and Its Effect on This Appeal
The reportable judgment in Krishan Kumar v. State of Haryana and others (Civil Appeal Nos. 6427–6429/2025, reported as 2025 SCC OnLine SC 1043) was pronounced on 7 May 2025. That case arose from the same subject acquisition and was decided by a two-Judge Bench that included Chief Justice Surya Kant (as he then was). The bench in Krishan Kumar examined the correctness of compensation awarded for acquired lands in Villages Kukrola and Fazalwas.
So far as Village Fazalwas was concerned, the Court in Krishan Kumar declined further enhancement and dismissed the appeals preferred by the landowners. The State of Haryana and HSIIDC had also appealed seeking a reduction in compensation; those appeals too were dismissed on merits.
The present appeal by Gopala Agri Farms, also concerning land in Village Fazalwas under the same acquisition, was therefore, in the Court's words, “squarely covered against the appellant” by that decision. The Court found the controversy was no longer res integra.
It is worth noting that after Krishan Kumar was pronounced on 7 May 2025, the present matter was not listed for pronouncement of orders. The Court recorded that it was only upon scrutiny of the relevant records that it was realised formal directions disposing of the petition were still awaited. The Court acknowledged this had led to an inordinate delay in pronouncing the final order.
Condonation of Delay and Leave
Before reaching the merits, the Court condoned the delay of 846 days in filing the Special Leave Petition and granted leave. The civil appeal was accordingly numbered and disposed of in the same order.
Directions on Deposit and Disbursement
Having dismissed the appeal, the Court directed that the respondent authorities shall forthwith, and in any case within eight weeks from 29 May 2026, deposit before the Reference Court the balance amount, if any, payable to the appellant in terms of the High Court judgment as affirmed. The appellant was held entitled to compensation as determined by the High Court, together with all statutory benefits under the Land Acquisition Act, 1894, including solatium and interest, subject to adjustment of any amount already paid, deposited, or withdrawn.
Where any amount already stands deposited but remains undisbursed, the Reference Court was directed to facilitate its release to the appellant without avoidable delay, subject to due verification and in accordance with law. Pending interlocutory applications, if any, were also disposed of.
Order
The Civil Appeal filed by Gopala Agri Farms Pvt. Ltd. is dismissed in terms of the judgment dated 7 May 2025 in Krishan Kumar v. State of Haryana and others. The impugned judgment of the Punjab and Haryana High Court dated 30 May 2022, insofar as it pertains to the appellant, stands affirmed. The respondent authorities are directed to deposit any balance compensation amount before the Reference Court within eight weeks.