RAGHBIR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By filing the present appeal, the landowners are seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that vide notification dated 9.1.2009, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire the land measuring 3.22 acres situated within the revenue estate of village Brah Kalan, Tehsil and District Jind, for construction of extension of Brah Kalan Minor from RD 9000 to 15600/tail off-taking at RD 41900/ L Jind Dy No. 4. Notification under Section 6 of the Act was issued on 3.7.2009. The Land Acquisition Collector (for short, 'the Collector') vide award dated 28.1.2010 assessed compensation @ Rs. 8,00,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ Rs. 10,00,000/- per acre. It is this award which is impugned before this court by the landowners.

(2.) Learned counsel for the landowners submitted that in the present case the award of the Collector was announced on 28.1.2010 and it has been specifically noticed in the impugned award of the learned court below that in terms of the policy dated 9.11.2010 circulated by the Government of Haryana minimum rate for acquisition of land was fixed @ Rs. 12,00,000/- per acre, however, still the landowners in the present case have been awarded only Rs. 10,00,000/- per acre as compensation. The policy dated 9.11.2010 was circulated just nine months after the award was announced by the Collector on 28.1.2010 in the present case. In terms of policy circulated on 6.4.2007, the minimum rate for the acquired land was fixed as Rs. 8,00,000/- per acre and the same is applicable to all those acquisitions where awards by the Collector have been announced on or after 22.3.2007 irrespective of date of notification under Section 4 of the Act.

(3.) The rate was revised from Rs. 8,00,000/- per acre to Rs. 12,00,000/- per acre with effect from 7.9.2010 vide policy dated 9.11.2010. The aforesaid fact clearly establishes that the Government had accepted the appreciation of prices during the interregnum. He prayed that as the award in the present case was announced on 28.1.2010, a reasonable cut can be applied on the value of the land as provided in the policy circulated on 9.11.2010.