R. F. A. No. 664 of 1989 1
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 5.11.2008
1. R. F. A. No. 664 of 1989 (O&M)
DLF General Finance Limited .... Appellant
vs
State of Haryana .... Respondent
2. R. F. A. No. 665 of 1989 (O&M)
DLF Builders and Developers (P) Limited …. Appellant
vs
State of Haryana …. Respondent
3. R. F. A. No. 666 of 1989 (O&M)
M/s Bansal Development Company (P) Limited …. Appellant
vs
State of Haryana …. Respondent
Coram: Hon’ble Mr. Justice Rajesh Bindal
Present: Mr. Sanjay Vij, Advocate, for the appellants.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
This order shall dispose of Regular First Appeal Nos. 664, 665
and 666 of 1989, filed by the landowners for further enhancement of
compensation, as the same arise out of the same acquisition. However, the
facts have been extracted from R. F. A. No. 664 of 1989.
Briefly, the facts of the case are that vide notification dated
22.11.1984 issued under Section 4 of the Land Acquisition Act, 1894 (for
short, “the Act”), the State of Haryana acquired the land situated in the
revenue estate of Village Balula (Gurgaon). The Land Acquisition
Collector, Gurgaon, assessed the market value of the acquired land at Rs.
30,000/- per acre for bhud and Rs. 18,000/- per acre for gair mumkin kind
of land. On reference under Section 18 of the Act, the learned court below
vide award dated 4.2.1989, determined the market value of the acquired
land at Rs. 42,278.50 paise per acre.
Learned counsel for the appellants submitted that the learned
R. F. A. No. 664 of 1989 2
court below has not assessed the fair value of the acquired land by ignoring
the material evidence in the form of sale-deeds Ex. P-1 and P-2 dated
2.3.1983 whereby 4 kanals of land each was purchased by the appellants for
sale consideration of Rs. 38,500/- each, making an average price of Rs.
77,000/- per acre. These sale-deeds were got registered much prior to the
date of acquisition. As against these sale-deeds, the sale instances produced
by the State were relied upon which pertained to a large chunk of land
where the average price comes to Rs. 20,000/- to Rs. 35,000/- per acre. The
submission is that though the sale-deeds Ex. P-1 and P-2 show an average
price of Rs. 77,000/- per acre but still the appellants had restricted their
claim only to the extent of Rs. 60,000/- per acre even if a reasonable cut is
applied on the value as shown in the sale-deeds produced by the appellants.
On the other hand, learned counsel for the State submitted that
the method adopted by the learned court below for assessment of the fair
value of the land is perfectly in order. In the absence of any material on
record to suggest the potentiality or otherwise of the land, the learned court
below has adopted a fair method by averaging the value shown in the
various sale-deeds produced by the parties. He further submitted that the
site plan produced by the State pertaining to the land of sale instances
shows that the same is situated quite close to the acquired land as compared
to the sale-deeds produced by the appellants.
Heard learned counsel for the parties and perused the record.
A perusal of the site plan Ex. P-3 shows that the land forming
part of Ex. P-1 and P-2 is located far off from the acquired land, whereas the
site plan Ex. R-1 shows that the land pertaining to sale-deeds Ex. R-1 to R-3
is located quite close to the acquired land. These sale-deeds are also of a
large chunk of land measuring 7.12 kanals, 8 kanals and 8 kanals
respectively. These sale-deeds were got registered prior to the date of
acquisition of the land in the present case. It may further be relevant to add
here that vide sale-deeds Ex. P-1 and P-2 the land was purchased by the
appellants only. It is further evident from the perusal of the sale-deeds Ex.
P-1 and P-2 that substantial amount i.e. Rs. 34,000/- out of Rs. 38,500/- had
already been paid before the registration of sale-deed and it was only Rs.
4,500/- which were paid before the Sub-Registrar. The learned court below
adopted a fair method for determination of the value of the acquired land by
R. F. A. No. 664 of 1989 3
taking average price of all the sale-deeds produced by both the parties. No
illegality as such can be found therein.
Keeping in view the above discussion, I do not find any merit
in the present appeals. Accordingly, the same are dismissed.
5.11.2008 ( Rajesh Bindal) vs. Judge