TARA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of a batch of Regular First Appeals, as all the appeals have arisen out of a common award passed by the learned Additional District Judge. Whereas the claimant-landowners have filed the appeals for enhancement of compensation, the State of Haryana has approached this Court for reduction of the market value as assessed by the reference Court.

(2.) VIDE a notification dated May 4, 1995, issued under Section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as the "Act") land measuring 214.42 acres situated in villages Jhuriwala and Bana Madanpur in Tehsil Panchkula was notified for acquisition for a public purpose i.e. for development and utilization of land as residential, commercial and institutional area in Urban Estate, Panchkula for development of Sectors 22 and 23 at Panchkula. The Land Acquisition Collector, pronounced the award dated March 9, 1988 and categorized the land into various categories. The market value of the Chahi land was assessed at the rate of Rs. 2 lacs per acre; Barani/Gair Mumkin land was assessed at the rate of Rs. 1,05,000/- per acre in village Jhuriwala; and for the acquired land in village Bana Madanpur, Ghair Mumkin land was assessed at the rate of Rs. 2,81,000/- per acre. The claimants remained dissatisfied and accordingly claimed references. The matter was accordingly referred under Section 18 of the Act.

(3.) THE claimants had also relied upon two earlier awards of the reference Court with regard to earlier acquisition in village Maheshpur as well as in village Bana Madanpur itself. Those awards were produced on record as Ex.P53 and Ex.P51 respectively. The said awards were also ruled out of consideration by the reference Court by observing that so far as the award Ex. P53 was concerned, the same pertained to assessment of market value of the acquired land in village Maheshpur and there was no comparability of the aforesaid land of the said village vis-a-vis the acquired land. The other award Ex. P51 pertaining to assessment of acquired land in village Bana Madanpur was also ruled out of consideration by observing that in the aforesaid award no reasons had been given to assess the market value at the rate of Rs. 250/- per square yard. As a matter of fact, the reference Court relied upon the award which was stated to be pertaining to the land of village Bana Madanpur pertaining to some notification dated June 25, 1990, which was shown to be taken on record as Ex.C1, vide which 1100 acres of land in village Bana Madanpur and village Ramgarh had been acquired and the market value had been assessed at the rate of Rs. 3,50,000/- per acre. Consequently, keeping in view the date of the present notification dated May 4, 1995, an increase of 12% per annum was granted by the reference Court and consequently the market value of the acquired land in the present proceedings was assessed at the rate of Rs. 5,60,000/- per acre. Additionally, the claimants were also held entitled to statutory benefits as well. It is in these circumstances that the claimants- landowners and State of Haryana have approached this Court through the present appeals.