VINEETA KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of aforementioned appeals as the same arise out of a common acquisition. The claimants/landowners have approached this court for further enhancement, whereas the State of Haryana has filed appeals for reduction in the compensation and also grant of benefit under Section 23 (1A) of the Land Acquisition Act, 1894 (for short, `the Act'). The facts have been extracted from RFA No. 2987 of 1993. Briefly, the facts are that vide notification dated 26.12.1977, issued under Section 4 of Act, State of Haryana acquired the land in question in Village Gurgaon for the development and utilisation of land as residential and commercial area in the Urban Estate to be set up in the area of Village Gurgaon. The Land Acquisition Collector (for short, `the Collector') determined the market value of land at Rs. 48,000/- per acre for chahi and Rs. 32,000/- per acre for gair mumkin kind of land vide award dated 5.11.1981. Aggrieved against the same, the appellant filed objections which were referred to the learned Additioanl District Judge, Gurgaon, who keeping in view the material placed on record by the parties, awarded compensation @ Rs. 33.50 per square yard for the acquired land. As far as the determination of value of the acquired land is concerned, learned counsel for the parties are agreed that the claim made by the landowners in the present set of appeals is squarely covered by a judgment of this Court in R.F.A. No. 1043 of 1987 M/s Laxmi Chand Nirula through LRs. v. State of Haryana, decided on 12.2.2004, where on account of acquisition of land pertaining to the same village vide same notification, this Court assessed the value of the acquired land @ Rs. 45/- per square yard. As far as grant of additional compensation @ 12% per annum under Section 23 (1A) of the Act is concerned, as amended by Central Act 68 of 1984, learned counsel for the State submitted that the learned court below has committed a patent illegality. The benefit under Section 23 (1A) of the Act could not be granted in view of judgment of Hon'ble the Supreme Court in Karnal Improvement Trust vs Sumitra Devi (Smt.) (dead) by LRs. and others (2008) 12 SCC 423, considering the fact that award of the Collector was pronounced on 5.11.1981 much prior to the amendment in the Land Acquisition Act. He prayed that accordingly the impugned award of the learned court below be modified to the extent that grant of additional compensation @ 12% per annum under Section 23 (1A) of the Act, be set aside.

(2.) Learned counsel for the landowners very fairly admitted the proposition of law as laid down by Hon'ble the Supreme Court in Sumitra Devi's case (supra).

(3.) Accordingly for the reasons recorded in Sumitra Devi's case (supra), the impugned award of the learned court below is modified to the extent that the landowners shall be entitled to compensation @ Rs. 45/- per square yard in terms of judgment of this court in M/s Laxmi Chand Nirula's case (supra), except that they will not be entitled to the additional compensation @ 12% per annum under Section 23 (1A) of the Act. However, they shall be entitled to all other statutory benefits available under the Act. The appeals are disposed of accordingly. 21.1.2010 ( Rajesh Bindal) vs. Judge