JASPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dtd. 21/3/2022 passed by the High Court of Punjab and Haryana at Chandigarh in R.F.A. No. 2086/2016 and other allied first appeals, by which the High Court has allowed the appeals preferred by the respondents herein and has dismissed the appeals preferred by the appellants herein - original claimants/landowners, the original claimants/landowners have preferred the present appeals.

(2.) The facts leading to the present appeals in a nutshell are as under: That the lands situated at village Jharli, District Jhajjar, Haryana came to be acquired for Jhajjar Thermal Power Plant. Notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act 1894') came to be issued on 9/4/2007. Declaration under Sec. 6 of the Act, 1894 was issued on 13/11/2007. The Land Acquisition Collector declared the award under Sec. 11 of the Act, 1894 and determined and awarded compensation at Rs.16,00,000.00 per acre. The Reference Court enhanced the amount of compensation to Rs.17,64,350.00 per acre. The acquiring body/beneficiary as well as the original claimants/landowners both preferred appeals before the High Court challenging the judgment and award passed by the Reference Court, awarding compensation at Rs.17,64,350.00 per acre. By the impugned common judgment and order, the High Court has allowed the appeals preferred by the State/acquiring body and dismissed the appeals preferred by the original claimants/landowners and has reduced the amount of compensation to Rs.16,00,000.00 per acre, as determined and awarded by the Land Acquisition Collector. The impugned common judgment and order passed by the High Court is the subject matter of present appeals at the instance of the original claimants/landowners.

(3.) Shri Shyam Divan, learned Senior Advocate appearing on behalf of the original claimant/landowner in Civil Appeal Nos. 7447-7448 of 2022, arising out of R.F.A. Nos. 2086 and 2087 of 2016 has vehemently submitted that the lands acquired in the present case for Jhajjar Thermal Power Plant and the lands acquired for Arawali Power Company Private Limited are similarly situated. It is submitted that even in the case of the appellant/landowner/original claimant in Civil Appeal Nos. 7447- 7448/2022, the land in both the cases have been acquired out of the very land bearing survey No. 73 and in between only one road - Bahu Road is passing. It is submitted that therefore the appellant shall be entitled to the compensation at the rate of Rs.25,00,000.00 per acre, as determined by this Court in the case of Arawali Power Company Private Limited (supra).