HARIDWAR DEVELOPMENT AUTHORITY Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) Leave granted. Heard the parties.

(2.) The first batch of appeals is filed by the Haridwar Development Authority ('the Authority', for short), the beneficiary of an acquisition. The connected appeals are filed by the claimants-landowners whose lands measuring 38.6.8 Bighas (8,45,174 sq.ft.) in village Jwalapur, Tehsil and District Haridwar, were acquired for planned development of a housing colony, under preliminary notification dated 7.12.1991 and final notification dated 16.5.1992. As the ranks of parties in the appeals and counter-appeals vary, the appellant in the first batch (who is the second respondent in other appeals) will be referred to as the "Authority". The respondents in the first batch (who are the appellants in the other appeals) are referred to as the "claimants".

(3.) The Land Acquisition Collector made an award dated 9.5.1994. He divided the acquired lands into three belts and awarded compensation at the rate of Rs. 26.25 per sq.ft. for the lands falling in the first belt, Rs. 17.50 per sq.ft. for lands falling in second belt and Rs. 13.12 per sq.ft. for the lands falling in the third belt. The Reference Court however limited the division of the acquired lands into only two categories, that is lands falling within 500 metres from the National Highway and lands falling beyond 500 metres from the National Highway. In regard to the first category, it awarded compensation at the rate of Rs. 26.25 per sq.ft. and for the second category Rs. 17.50 per sq.ft. Feeling aggrieved, both sides filed appeals. The High Court awarded a uniform rate of Rs. 26.25 per sq.ft. for all the acquired lands and rejected the belting system adopted by the collector and the categorization adopted by the Reference Court. The High Court also confirmed that claimants will be entitled to all statutory benefits, that is additional amount under Section 23(1A), solatium under Section 23(2) and interest under Section 28 of the Land Acquisition Act, 1894 ('Ac' for short).