LAWS(P&H)-2005-8-152

STATE OF HARYANA AND ANOTHER Vs. POHAP SINGH

Decided On August 30, 2005
State of Haryana and Another Appellant
V/S
POHAP SINGH Respondents

JUDGEMENT

(1.) This judgment shall dispose of a bunch of 119 Letters Patent Appeals as all the appeals have arisen out of a common acquisition proceedings.

(2.) Vide notification dated December 10, 1992, land measuring 230.42 acres situated in the revenue estate of village Palwal, District Faridabad was intended to be acquired for the development and utilisation of land for residential and commercial areas for Sectors 1 and 2, Palwal. Subsequently, the land was acquired and possession taken. Vide award dated December 23, 1995, the Land Acquisition Collector awarded compensation at the rate of Rs 2,35,000/- per acre for the acquired land. The land-owners remained dissatisfied and, accordingly, claimed references under section 18 of the Land Acquisition Act (hereinafter referred to as the "Act"). The matter was duly referred. Before the reference Court, the parties led their respective evidence. On consideration of the aforesaid evidence, learned reference Court assessed the market value of the acquired land at the rate of Rs.180/- per square yard i.e. at the rate of Rs.8,71,200/- per acre.

(3.) Some of the claimants remained still dissatisfied. Accordingly, they preferred Regular First Appeals before this Court for further enhancement. Similarly, the State of Haryana challenged the award of the reference Court in all the references and claimed that the compensation assessed by the Land Acquisition Collector was just and appropriate and, therefore, the enhancement of compensation by the reference Court was unjustified. Learned Single Judge decided all the aforesaid appeals through a common judgment. The learned Single Judge categorised the acquired land in three categories, as follows: