R. F. A No. 1924 of 2003 (1)
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 17.12.2008
1. R. F. A No. 1924 of 2003 (O&M)
Moti Ram and others ... Appellants
vs
State of Haryana .... Respondent
2. R. F. A No. 3100 of 2003 (O&M)
Gram Panchayat, Chandawali … Appellant
vs
State of Haryana and another …. Respondents
3. R. F. A No. 3101 of 2003 (O&M)
Ravinder Kumar and others … Appellants
vs
State of Haryana and another …. Respondents
4. R. F. A No. 3102 of 2003 (O&M)
Kalu Ram and others … Appellants
vs
State of Haryana and another …. Respondents
Coram: Hon’ble Mr. Justice Rajesh Bindal
Present: Mr. Adarsh Jain, Advocate, for the appellants.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order shall dispose of Regular First Appeal Nos. 1924 and
3100 to 3102 of 2003 filed by the landowners for further enhancement of
compensation on account of acquisition of land. The facts have been noticed
from R. F. A. No. 1924 of 2003.
Briefly, the facts are that vide notification dated 12.3.1996,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the
Act’), the State of Haryana acquired land in Village Chandawali, District
Faridabad, for public purpose namely for development and utilisation of
land as institutional, residential and commercial area for Sector-64,
R. F. A No. 1924 of 2003 (2)
Faridabad. The learned Land Acquisition Collector (for short, “the
Collector”), assessed the market value of the land at Rs. 4,00,000/- per acre.
Dissatisfied with the award of the Collector, the landowners/claimants filed
objections. The learned Additional District Judge, on reference under
Section 18 of the Act, vide award dated 16.8.2002, assessed the value at Rs.
315/- per square yard. It is this award which is under challenged before this
court.
Learned counsel for the landowners submitted that the value of
the acquired land as assessed by the learned court below deserves to be
increased. It was submitted that the land in the same village for the same
purpose was acquired vide notification dated 23.11.1992 and the market
value was assessed at Rs. 290/- per square yard. The market value of the
land which was acquired vide notification dated 22.5.1995 was assessed at
Rs. 450/- per square yard by this court in R. F. A. No. 2501 of 2001 Ved Pal
and others vs State of Haryana and others decided on 3.5.2006.
It is submitted that the acquisition in the present case was
carried out vide notification dated 12.3.1996 i.e. Nine months after the
acquisition which was under consideration before this court in Ved Pal’s
case (supra) where the value of the acquired land was assessed at Rs. 450/-
per square yard. Referring to the value of the acquired land which was
carried out vide notification dated 23.11.1992, it was submitted that for a
gap of 2½ years, an increase of Rs. 64/- per square yard/ per annum was
granted and in the present case the period being nine months after the
notification dated 22.5.1995, the appellants should be granted increase in
the same proportion.
On the other hand, learned counsel for the State did not dispute
the fact as stated by the learned counsel for the appellants/landowners
regarding acquisition of land and determination of compensation pertaining
to the acquisition vide notification dated 23.11.1992 and 22.5.1995 and also
that the land therein was acquired was located close to the land in question.
It was further admitted that vide notification dated 22.5.1995 which was
subject matter of appeal in Ved Pal’s case (supra), the land was acquired for
the same purpose.
Heard learned counsel for the parties and perused the record.
It is admitted fact on record that for the acquisition carried out
R. F. A No. 1924 of 2003 (3)
vide notification dated 22.5.1995, was pertaining to the land of same village
and for the same purpose, this court had assessed the value thereof at Rs.
450/- per square yard in Ved Pal’s case (supra). The acquisition in the
present case being vide notification dated 12.3.1996, the landowners are
certainly entitled to some increase therefor. However, the claim of the
appellants that it should be @ Rs. 64/- per square yard /per annum cannot be
accepted as at the most the same can be @ 12% per annum. Considering the
fact that for the period prior to the acquisition the value of the land in the
area had increased at a good pace and that there is difference of nine
months, by granting 9% increase on Rs. 450/- i.e. Rs. 40/- per square yard
per annum, the amount of compensation payable to the landowners in the
present set of appeals is assessed at Rs. 490/- per square yard.
The landowners shall also be entitled to the statutory benefits
available under the Act.
The appeals are disposed of accordingly.
17.12.2008 ( Rajesh Bindal) vs. Judge