SONIA BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Regular First Appeal Nos. 35, 36, 152 to 156 and 765 of 1992, filed by the landowners for further enhancement of compensation, arising out of the same acquisition. However, the facts have been noticed from R.F.A. No. 35 of 1992.

(2.) Briefly, the facts are that vide notification dated 21.5.1986, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired 13 kanals 5 marlas of land situated within the revenue estate of Village Suba Akbarpur, Hadbast No. 49, Tehsil and District Ambala, for construction of Government Polytechnic for Women, Ambala City. The Land Acquisition Collector (for short, "the Collector") assessed the market value of the land @ Rs. 100/- per square yard. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 25.9.1991, upheld the award of the Collector. It is this award which is under challenge before this court in the present set of appeals.

(3.) Learned counsel for the appellants submitted that a perusal of the evidence produced by them on record shows that the acquired land which was a small piece of land measuring 13 kanals 5 marlas only was located strategically-sandwich by officers' colony, DC residence and Sessions House. The entire area in the vicinity had already been developed. Even old Sessions Court was also not at a far off place. GT Road was merely half a kilometer from the site, which was part of the municipal limit where the land was being sold in square yards. As big chunk of land was not available. Otherwise also big chunk of land is more valuable because better planning is possible therein for carving out plots etc. He further submitted that the learned court below has totally failed to consider the sale-deeds Ex. P-4 to P-7 produced on record by the appellants showing value of the land in the near area ranging from Rs. 160/- per square yard to Rs. 660/- per square yard. The learned court below has gone wrong in dismissing the reference while upholding the award of the Collector who had merely determined the value of the land at Rs. 100/- per square yard. Otherwise also near the land in question, small residential plots had been carved out which were being sold. To show the location of the land, reference was made to site plan Ex. P-3. To locate the plots dealt with in the sale-deeds Ex. P-4 to P-7, the submission is that the land was forming part of Hadbast No. 49, Village Suba Akbarpur. The sale-deed Ex. P-6 is pertaining to the same area and was the best piece of evidence for the purpose of determination of fair value of the land. No cut as such should be applied to determine the value of the acquired land shown in that sale-deed as it is part of already urbanised area and within the municipal limits. However, still if a cut is to be applied it should not be more than 1/3rd considering the aforesaid factors. . It was further submitted that even Haryana Urban Development Authority had also acquired land quite close to land in question for developing the same as residential colony where the plots have been sold at exhorbitant prices.