R. F. A No. 2219 of 1985 1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2219 of 1985 (O&M)
Date of decision : 22.9.2008.
Kundan Lal (died) through his L.Rs. ..... Appellant
vs
State of Haryana and others ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Shailendra Jain, Advocate, for the appellants.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowners are in appeal before this court against the
award of the learned court below for further enhancement of the
compensation of the acquired land.
Briefly, the facts are that vide notification dated 15.11.1978
issued under Section 4 of the 1894 Act (for short, ‘the Act’), State of
Haryana, acquired 5 kanals 2 marlas of land for development and utilisation
as residential, commercial and industrial area in the urban estate. The same
was followed by notification under Section 6 of the Act. The Land
Acquisition Collector vide his award dated 9.2.1982 determined the market
value of the land at Rs. 10/- per square yard. However, the Additional
District Judge, on reference under Section 18 of the Act, awarded Rs. 23/-
per square yard as compensation for the acquired land.
Learned counsel for the appellants submitted that prior to the
acquisition of the land in question vide notification dated 15.11.1978, the
entire land in the vicinity was acquired by the State vide notification dated
30.1.1973 and in proceedings for determination of the fair value of the land
acquired vide notification dated 30.1.1973, this court in R. F. A. No. 253 of
1979 titled Ram Niwas vs State of Haryana, decided on 10.10.1980
determined the same at Rs. 42.50 paise per square yard. It is submitted that
the entire area in the vicinity had already been acquired, hence, there was no
question of any sale transaction in between these two notifications. Relying
R. F. A No. 2219 of 1985 2
upon the judgment of Hon’ble the Supreme Court in State of Haryana vs
Gurbax Singh (dead) by LRs & Anr. Etc. JT 2008 (6) SC 659, the prayer is
for the determination of compensation by granting annual increase on the
value of the land determined vide notification dated 30.1.1973, keeping in
view the fact that the present notification was issued nearly 5 years and 9
months thereafter.
Even learned counsel for the State also did not dispute the fact
that there was no sale transaction in the area where the land was acquired.
This was for the reason that entire land in the vicinity had been acquired and
it was only this small chunk of land which remained pending because of
certain litigation. The same were acquired later on vide separate
notifications.
Heard learned counsel for the parties and perused the record.
For the purpose of fair value of the land in the present case
discussion in detail is not required as for a similar acquisition at the same
place carried out vide notification dated 22.12.1978 where the first
acquisition was vide notification dated 30.1.1973 (as are the facts in the
present case except that the date of subsequent notification is 15.11.1978), a
Division Bench of this court in L. P. A. No. 239 of 1995 – Jagat Singh Jain
(deceased) through LRs. and others vs Haryana State decided on 22.5.2006
directed that the landowners therein are entitled to annual increase @ of
12% on the fair value of the land determined at Rs. 42.50 paise per square
yard, for the land acquired vide notification dated 30.1.1973, in Ram
Niwas’s case (supra). The value of the land acquired vide notification dated
22.12.1978 was determined at Rs. 80/- per square yard.
Accordingly, for the reasons recorded in Jagat Singh Jain’s
case (supra), the appellants in the present case are held entitled to the
compensation @ of Rs. 80/- per square yard. They shall also be entitled to
all statutory benefits under the Act.
The appeal is allowed in the above terms.
22.9.2008 ( Rajesh Bindal) vs. Judge