LAWS(SC)-2022-10-39

RADHEY SHAM Vs. STATE OF HARYANA

Decided On October 17, 2022
RADHEY SHAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 04.03.2022 passed by the High Court of Punjab & Haryana at Chandigarh in R.F.A. No. 2016/2021 and other allied First Appeals, by which the High Court has allowed the said First Appeals preferred by the respondents herein - State of Haryana and others and has quashed and set aside the judgment and order dated 31.05.2014 passed by the Reference Court and has restored the awards declared by the Land Acquisition Collector determining the amount of compensation with respect to the lands acquired at village Hansi and Dhana, District Hisar, Haryana, the original landowners have preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: That the land situated at village Hansi and Dhana, District Hisar, Haryana admeasuring 229.13 acres and 20.77 acres respectively came to be acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act 1894') for development of the residential and commercial sectors - Sectors 3, 5 & 6 at Hansi. A common notification under Section 4 of the Act 1894 was issued on 29.08.2005. That declaration under Section 6 of the Act 1894 was issued on 29.08.2006. The land Acquisition Collector declared the award under Section 11 of the Act 1894 on 3.8.2007, vide award Nos. 1 & 2 for both villages, Hansi & Dhana, by adopting the belting method/system and assessed the market value of the land abutting the G.T. Road (Delhi-Hisar Road) at Rs. 12,00,000/- per acre up to the depth of 2 acres and for the land abutting the Jind By-pass Road, at Rs. 10,00,000/- per acre up to the depth of 2 acres and for the remaining land, the market value was assessed at Rs. 8,00,000/- per acre.

(3.) We have heard learned Senior Advocates/counsel appearing on behalf of the respective original landowners and Shri Alok Sangwan, learned Additional Advocate General along with Dr. Monilka Gusain, learned counsel for the State of Haryana.