JANARDHAN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This order will dispose of RFA Nos. 7214 of 2012, 1070 of 2013, 2267 and 2338 of 2015, as common questions of law and facts are involved therein.

(2.) The landowners are in appeal seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 8.1.2003 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated within the revenue estate of Villages Sakra and Kheri Sakra, Tehsil and District Kaithal, for extension of Pundri Drain No.1 from RD 55000 to 84412. Notification under Section 6 of the Act was issued on 2.12.2003. The Land Acquisition Collector (for short, 'the Collector') vide award dated 19.9.2005 assessed the market value of the acquired land of both the villages @ Rs. 2,20,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below vide awards dated 17.8.2012 and 22.10.2012 determined the market value of the acquired land of both the villages @ Rs. 2,50,000/- per acre. Aggrieved against the awards of learned Court below, the landowners are in appeal before this Court.

(3.) Learned counsel for the landowners submitted that the court below has not awarded just and fair compensation for the acquired land while considering the location of the land. The acquired land is situated near the abadi. It had residential as well as commercial potentially. The value of the land in the area was not less than Rs. 15,00,000/- per acre. It was further submitted that the State Government had issued policies dated 28.4.2005, and 6.4.2007 fixing minimum rates for acquisition of the land in the State. He prayed that as the award in the present case was announced on 19.9.2005, a reasonable increase can be granted on the value of the land as provided in the policy circulated on 28.4.2015 keeping in view the difference between the enforcement of policy and announcement of award by the Collector. The prayer is for determination of value keeping in view the policies, location and potentiality of the land acquired.