BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of a bunch of appeals bearing RFA Nos. 3110 to 3119, 5430 and 6896 of 2011, as common questions of law and facts are involved.

(2.) The landowners are in appeal seeking further enhancement of compensation for the acquired land awarded by the learned court below. Briefly, the facts of the case are that vide notification dated 21.8.2003, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire 5.25 acres of land, situated in the revenue estate of Tehsil and District Rewari, HB No.125 for development and utilisation thereof as Extrent Sewerage of Urban Estate Rewari. The same was followed by notification dated 22.8.2003 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 18.8.2005, assessed the market value of the land @ Rs. 12,50,000/- per acre. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, determined the fair value of the acquired land @ Rs. 1,650/- per square yard. It is this award which has been impugned in the present appeals by the landowners.

(3.) Learned counsel for the landowners submitted that the acquired land is situated in municipal limits from the year 1995. It is situated near Sector 4, opposite HUDA bye-pass on Rewari-Delhi road and near Rewari city. Many colonies have been developed near the acquired land. It is surrounded by marriage palaces. Learned counsel further submitted that though for the purpose of assessment of compensation for the acquired land, the learned court below has placed reliance upon a judgment of this court in RFA No. 3353 of 2001 Bhawani Sahai and another v. State of Haryana and others, decided on 5.5.2008 pertaining to acquisition of land abutting the circular road of Rewari town for residential and commercial purposes, where notification under Section 4 of the Act was issued on 15.2.1990, but still while granting increase for the time gap in two acquisitions, neither the period has been correctly taken nor the amount of compensation as has been assessed by this court. The amount has been calculated by taking the compensation as was assessed by the Reference Court. The compensation assessed by the Reference Court in the aforesaid case was Rs. 712/- per square yard, which was increased to Rs. 990/- per square yard by this Court. Though appeal against the aforesaid judgment of this Court is pending before Hon'ble the Supreme Court, however, there is no interim stay and the amount of enhanced compensation has already been paid to the landowners therein.