RAVINDER KUMAR GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The irony in all these cases is that the appellants are land losers who have been divested from their land either fully or in part to construct an Express Highway over such land for the benefit of others to travel fast but the process to compensate them with a just and fair quantum of money instead of being on the fast track, has been tardy. It is a couple of years short of two decades from the date of the preliminary notification and the appellants are still litigating to receive what is rightfully due to them.

(2.) These appeals even otherwise have a chequered history. The appellants are before this Court for the second time. The lands which were owned by the appellants formed a part of the lands that were notified under Sec. 4 read with Sec. 17 (2) of the Land Acquisition Act, 1894 (for short Act, 1894) by the Haryana Government Industries Department. The preliminary notification was issued on 11/1/2005 and the declaration under Sec. 6 of Act, 1894 was made on 31/5/2005. The purpose for which the lands were acquired is for the construction of Express Highway Phase VII connecting National Highway No.1, 10, 8 and 2 in village Sultanpur, Sub-Tehsil Farukh Nagar, Tehsil, and District Gurugram. The total extent of land notified for the project was 798 Kanals and 2 Marlas of which, the appellants lands are also included.

(3.) The award was passed by the District Revenue Officer-cum-Land Acquisition Collector (for short LAO), Gurgaon on 10/5/2006. The market value was fixed at Rs.12,50,000.00 per acre for all kinds of lands as per the rates of the lands supplied by the Collector, Gurugram through the letter dtd. 3/11/2005. The land losers including the appellants had sought reference under Sec. 18 of Act, 1894. The Reference Court, through its judgment dtd. 27/2/2012, after consideration had enhanced the market value to Rs.43,17,841.00 per acre. The High Court had an occasion to consider the correctness of the same in appeals filed by both the parties before it. The High Court, on consideration, had through its judgment dtd. 5/2/2016 enhanced the market value to Rs.62,11,700.00 per acre.