LAWS(P&H)-2020-1-41

STATE OF HARYANA Vs. BHUP SINGH

Decided On January 08, 2020
STATE OF HARYANA Appellant
V/S
BHUP SINGH Respondents

JUDGEMENT

(1.) The present set of appeals bearing RFA No.4247 to 4250, 3825, 3826, 4780 and 4805-2016, RFA-1052 and 2843 of 2017, filed under Section 54 of the Land Acquisition Act, 1894 (for short, the 'Act') both by the landowners and the State, are directed against the award of the Reference Court, Fatehabad dated 31.03.2016. The Reference Court has enhanced the compensation of Rs.20 lakhs per acre, as awarded by the Land Acquisition Collector, vide award dated 30.09.2013, to Rs.58,08,000/- per acre, for the land measuring 7 kanals 17 marlas, of Village Dhanger acquired for the public purpose of the already constructed Dhanger Minor.

(2.) The ground for enhancement by the Reference court is the market value of the sale deeds dated 14.09.2011/07.10.2011(Exs.P-7 and P-8) whereby land had been sold at the above-said rate which has been granted to the landowners wherein 10 marlas of land had been sold for Rs.3,63,000/- and the market value was, thus, worked out on 10.05.2013, the date Section 4 notification was issued.

(3.) Counsel for the State has vehemently argued that keeping in view the fact that the sale exemplar was only of 10 marlas, therefore appropriate cut, on account of smallness of the plot, should have been granted and therefore, the amount awarded is liable to be decreased.