FARIDABAD GAS POWER PROJECT Vs. NARENDER KUMAR

JUDGEMENT

(1.) THIS judgment will dispose of R.F.A. Nos. 1543, 1575, 1571, 1567, 1606, 1316, 1307, 1605, 1607, 1226, 1551, 1550, 1670, 1315, 889, 1272, 1546, 1553, 1549, 887, 1304, 1544, 1696, 1274, 1570, 1273, 1312, 1545, 1591, 1264, 1311, 1049, 1256, 1552, 1266, 1308, 1309, 886, 1576, 1265, 1305, 1227, 1569, 1574, 1548, 1685, 1225, 1568, 1224, 1051, 1313, 888, 1257, 1050, 1306, 1684, 1259, 1572, 1258, 1603, 1650, 1117, 1604, 1602, 1053, 1438, 1116, 1052, 1118, 1573, 1547, 1113, 1314, 1115, 1317, 1114, 1310, 1785, 1216, 1141, 1187, 1128, 1211, 1593, 1190, 1191, 1139, 1136, 1207, 1135, 1217, 1218, 1127, 1210, 1209, 1132, 1208, 12113, 1138, 1212, 1782, 2275, 2276, 2274, 1195, 2047, 1193, 2048, 1196, 1194, 2045, 1197, 2046, 1198, 1205, 1201, 1204, 1203, 1199, 1202, 1200, 1206, 1220, 1178, 1659, 1179, 2526, 1181, 2530, 1180, 1182, 2531, 1186, 2527, 1183, 1185, 2529, 1184 and 2528 of 2000 as common questions of law and fact are involved in all of them.

(2.) PURSUANT to the government notification dated 16.8.1995 issued under Section 4(1) of the land Acquisition Act, 1894 (for short 'the Act'), 154.23 acres of land in village Mujeri; 67 acres of land in village Neemka; 73 acres of land in village Sihi; 2412 acres of land in village Jhajru; and 0.96 acres of land in village Pyala falling in District Faridabad, was acquired for a public purpose, namely, for the construction of Gas Based Power Project (known as NTPC) at Faridabad. The Land Acquisition Collector, Faridabad (for short 'the Collector') awarded compensation at the rate of Rs. 2,50,000/- per acre for Chahi land and Rs. 2,00,000/- for the Banjar Kadim and Gair Mumkin land for land falling in the revenue estate of villages Mujeri, Neemka and Sihi. For the land acquired in village Jhajru, the Collector awarded compensation at the rate of Rs. 1,57,000/- per acre for Chahi land and Rs. 1,50,000/- per acre for the other quality of land. With regard to the acquisition of land in village Pyala, the Collector awarded compensation at the rate of Rs. 1,50,000/- for Chahi land. Besides, solatium at the rate of 30% and an additional amount at the rate of 12% per annum was also awarded to the landowners. Dissatisfied with the Award passed by the Collector, the claimants filed applications for making reference under Section 18 of the Act. According to them, the acquired land had great potential value and prayed for enhancement of compensation at different rates in different villages. The State of Haryana contested the references on the ground that the landowners had accepted the compensation without protest and also that the suit land was situated at a far off place from the urban population of Faridabad-Ballabgarh towns and also that the suit land was of not much potentiality as it was merely a rural agricultural land.

(3.) AFTER hearing the counsel for the parties and on going through the evidence adduced on record the Additional District Judge, Faridabad, vide the impugned judgments and decrees awarded compensation at the rate of Rs. 306/- per square yard i.e. Rs. 15,50,000/- per acre for the lands acquired in villages Mujeri, Neemka and Sihi. For the land acquired in village Jhajru, the compensation was awarded at the rate of Rs. 191/- per square yard, i.e. approximately Rs. 10,00,000/- per square yard. With regard to the acquisition made in village Pyala, the Additional District Judge, Faridabad, awarded compensation at the rate of Rs. 3,00,000/- per acre. With regard to the second issue, the main plea taken on behalf of the State of Haryana was that the claimants had accepted their compensation without raising any protest. On this ground, it was pleaded that the second proviso to Section 31(2) of the Act prohibits a person from making an application under Section 18 of the Act who had accepted the compensation otherwise than under protest. The learned Additional District Judge, Faridabad, did not agree with the argument raised in this regard on behalf of the State of Haryana. It was held by the District Court that as it had nowhere been pleaded by the State of Haryana that the landowners, who were rustic and illiterate, were made aware of their legal right under Section 31(2) of the Act at the time of payment of compensation to them by the Collector, they could not be expected to raise protest at the relevant time. It was further observed by the District Court that the filing of the application under Section 18 of the Act was, in fact, acceptance of the compensation under protest by them and it is not necessary that the protest should only be in writing. In this way, the Additional District Judge, Faridabad, allowed the reference applications made by the landowners and enhanced the amount of compensation, as indicated above. Now, M/s. Faridabad Gas Power Project, National Thermal Power Corporation Ltd. (for short 'the NTPC') have filed the present appeals to challenge the judgments and decrees passed by the Additional District Judge, Faridabad, whereas the claimants have filed the appeals for enhancement of compensation.