AJIT SINGH Vs. CHIEF MANAGER, PROJECTS, MDPL, HPCL

JUDGEMENT

(1.) This judgment shall dispose of 20 appeals i.e. RFA Nos. 10805, 10810, 4850 to 4867 of 2014, as common questions of facts and law are involved in all the appeals. Reference is being made to RFA No. 4850 of 2014, Ajit Singh and others vs. Chief Manager, Projects, MDPL, HPCL and others.

(2.) The present set of appeals filed by the land owners are directed against the awards of the Reference Court dated 30.08.2013 and 16.07.2014 whereby, the land which was acquired vide notification dated 16.11.2005 for the construction of the Oil Instalment of the Hindustan Petroleum Corporation Ltd. has been assessed at Rs.13,96,200/- per acre alongwith all statutory benefits. The Land Acquisition Collector, vide his award dated 12.01.2006, had granted Rs.12,50,000/- per acre for the land which is situated in four villages. The details of acquisition is as under:- Sr. No. Village Area 1. Assauda Todran 20 acres 3 kanals 2. Jakhoda 7 acres 3 kanals 3 marals 3. M.P. Majra 4 kanals 4 marlas 4. Lahori Tahdil 4 kanals 13 marlas

(3.) The Reference Court, Jhajjar enhanced the compensation on the basis of the State Government policy, which had fixed the market value between 2 years dated 28.04.2005 and 06.05.2007 to hold that Rs.12,50,000/- had been fixed as a minimum floor price of the land by the Government of Haryana by the first policy and whereas by the second policy, land price had been revised to Rs.16,00,000/-. Keeping in view the difference of Rs.3,50,000/- inter se the two policies, the monthly enhancement was calculated to be Rs.14,286/-. Since the award was pronounced on 12.01.2006 after a gap of 10 months and 7 days from 05.03.2005, the effective date of the first policy dated 28.04.2005, the enhancement was granted of Rs.1,46,195/-. The said enhancement was done on the basis of the principle laid down in RFA No. 7450 of 2011, Om Parkash and others vs. State of Haryana and others, decided on 30.03.2012.