RAGHUNATH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of RFA Nos. 3989 to 3999, 4632 to 4638, 5355, 6830 and 6831 of 2011, 428, 429, 1543 and 1544 of 2012 filed by the land owners seeking enhancement in the amount of compensation awarded by the learned court for the acquired land. Briefly, the facts of the case are that vide notification dated 28.4.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana, acquired 7.125 acres of land, situated in villages Nangla Mayan, Mamaria Thether, Mamaria Ahir, Mamaria Assampur and Kadhu alias Bhawani Pur, Tehsil and District Rewari for construction of Nangla Extension Distributory from K.M. 5.750 to 9.470 of taking from K.M. 14.700/L of Dewana distributory. The same was followed by notification dated 12.5.2008, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 23.12.2008 determined the market value of the acquired land @ Rs. 16,00,000/ - per acre. Dissatisfied with the award of the Collector, the landowners filed objections, which were referred to the learned court. The learned reference court determined the market value of the acquired land @ Rs. 20,00,000/ - per acre. It is this award which is impugned by the land owners before this court.

(2.) LEARNED counsel for the land owners submitted that though there is a clear finding recorded by the court below that on account of acquisition of land for construction of Nangla Extension Distributory, the land owned by the land owners has been divided into two parts and they are entitled to damages on account of severance, however, while assessing the value of the acquired land @ Rs. 19,90,000/ - per acre, the court below merely granted Rs. 10,000/ - per acre on account of severance and assessed the compensation @ Rs. 20,00,000/ - per acre. Considering the fact that the land was acquired for construction of distributory, the land owners were not able to approach the other portion of land, as no bridges were provided.

(3.) HEARD learned counsel for the parties and perused the relevant referred record.