BALWANT SINGH (D) Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted. These Appeals pertain to the compensation payable for the land acquired under the Notifications issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") for the land situated in Villages Ajronda, Taloribanger and Daulatabad, Tehsil and District Faridabad, State of Haryana.

(2.) A Notification was issued on 7 th April, 1986 under Section 4 of the Act for acquisition of 6.97 acres of land situated in Village Ajronda for the purpose of development and utilization as green belt. The market value of the acquired land was determined as Rs.3,38,800/- per acre by the Collector's award dated 30 th March, 1989. The Reference Court determined the market value for the land acquired at Rs.435 per square yard. Another Notification was issued under Section 4 of the Act on 5 th June, 1992 for acquisition of 7.81 acres of land in Village Ajronda for development and utilization of the same for educational, medical, defence and administrative purposes in Sector 20-B, Faridabad. The Collector passed an award on 2nd June, 1995 determining the market value at Rs.4,50,000/- per acre. The Reference Court assessed the market value of the land at Rs.392.50/- per square yard. The two Notifications were issued on 3 rd July, 1995 for acquisition of 98.66, 103.34 and 183.34 acres totaling to 385.34 acres in Village Ajronda, 6.88 acres in Village Taloribanger and 29.58 acres in Village Daulatabad for commercial, institutional, recreational and residential purposes in Sectors 20-A and 20-B, Faridabad. The Collector arrived at the market value of Rs.5,85,000/- per acre vide an award dated 29th June, 1998. In the reference under Section 18 of the Act, the Court fixed the market value at Rs.400 per square yard for some cases. In a few other cases, the market value was determined as Rs.480/- per square yard.

(3.) Not satisfied with the compensation awarded by the Reference Court, the Claimants filed appeals before the High Court of Punjab and Haryana at Chandigarh. By a judgment dated 6th October, 2010, the High Court finalized the compensation payable to the landowners/Claimants at Rs.435/- per square yard for the land acquired under the Notification dated 7th April, 1986, Rs.566/- per square yard for the land acquired under the Notification dated 5 th June, 1992 and Rs.795/- per square yard for the land acquired under the Notifications dated 3rd July, 1995. Though the High Court referred to the location of the land and the future potential of the land being suitable for commercial and industrial purposes, it relied upon on its earlier judgment in State of Haryana v. Escort Dealers Development Association Limited (1993) 105 (3) PLR 466 for arriving at the market value. The judgment in Escort's case (supra) is in respect of land in Village Mewla Maharajpur which was acquired for construction of a link road from Delhi- Mathura Road to Sector-46 of the Faridabad-Ballabhgarh Controlled Area. The market value was assessed at Rs.337.20/- per square yard in Escort's case (supra). Taking into account the locational advantage of the land involved in the acquisition under the Notifications dated 7 th April, 1986, 5th June, 1992 and 3rd July, 1995, the High Court added fifty - Regular Appeal No. 253 of 1992 decided on 26 th November, 1993. per cent to Rs.337.20/- awarded to the Claimants in Escort's case (supra) and applied a 15% cut from 1987 to 1986. Thereby, a compensation of Rs.435/- per square yard was fixed for the land acquired under the Notification dated 7th April, 1996. In respect of land acquired under the Notification dated 5th June, 1992, the High Court granted 30 per cent increase for the time gap between 1986-1992 and arrived at a compensation of Rs.566/- per square yard. Regarding the compensation payable to the Claimants for acquisition of the land under Notifications dated 3rd July, 1995, the High Court finalized the market value at Rs.795/- per square yard by granting an increase of 12 per cent per annum, on a cumulative basis, on the compensation payable for the land under the Notification dated 5th June, 1992.