KALI CHARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present judgment shall dispose of 338 appeals i.e. 188 filed by State and 148 filed by the landowners arising out of four notifications i.e. notification dtd. 26/6/1998 for the land falling in village Chowki, Hadbast No.198, notification dtd. 27/3/2001 for the land falling in village Nada, Hadbast No.199 and appeals arising out of notifications dtd. 8/12/2003 and 21/1/2004 issued under Sec. 4 of the Land Acquisition Act, 1894 (for short 'the Act') for the land falling in village Jhuriwala, Hadbast No.230, which all fall in District Panchkula.

(2.) Though appeals arise out of different Awards of Reference Court, Panchkula dtd. 30/10/2008, 18/12/2008, 10/3/2009, 2/6/2009, 21/12/2009, 23/1/2010, 28/1/2010, 5/2/2010, 6/2/2010, 13/5/2010, 4/9/2010, 22/9/2010, 9/11/2010, 15/11/2010, 11/6/2012, 6/3/2013, 14/5/2013 and 16/12/2013, but the location of the land being similarly situated on the eastern bank of Ghaggar river and all villages as such being adjoining, it would be appropriate to keep a larger picture in mind of the lands, which has led to the development of the Tri-City to come to a justice oriented approach for the benefit of the landowners, since evidence in some cases is more elaborate, whereas in some case the landowners have not been able to get similar evidence on record. Resultantly, reference shall be made to 1st, 2nd and 3rd set of appeals itself. Facts of 1st set of appeals pertaining to notification dtd. 26/6/1998 for the land acquired for Sector 32 of Village Chowki

(3.) The present set of appeals, filed under Sec. 54 of the Act, both by the State and the landowners, arise out of the notification dtd. 26/6/1998, issued under Sec. 4 of the Act, whereby land was acquired for the purpose of recreation, public and semi-public purpose, for setting up of Sector 32, Panchkula, by Haryana Urban Development Authority (HUDA). The Reference Court, Panchkula, vide award dtd. 10/3/2009, while deciding 39 references awarded a sum of Rs.662.00 per sq.yard (Rs.31,04,080.00 per acre) for the land falling in Village Chowki, Hadbast No.198. The facts are being taken from RFA No.3222 of 2009 'State of Haryana and others Vs. Jagpal Singh and others'. The subsequent Awards dtd. 23/1/2010, 28/1/2010, 6/2/2010, 4/9/2010, 22/9/2010, 9/11/2010, 11/6/2012, 6/3/2013 and 14/5/2013 have only followed the first Award dtd. 10/3/2009,