HARYANA WAKF BOARD Vs. GIAN SINGH & ORS

JUDGEMENT

(1.) Present judgment shall dispose of 10 cases bearing RFA Nos. 1938, 1939, 2833, 2834, 4006, 4007, 4533 of 2013, C.R Nos. 6634 and 6635 of 2012 and C.R No. 2891 of 2013.

(2.) The regular first appeals have been filed under Section 54 of the Land Acquisition Act 1894 (for short, 'the Act') against the award of the Reference Court dated 20.12.2012 at Sirsa. By virtue of the said judgment a sum of Rs.550 per sq. yard (Rs.26,62,000/- per acre) was assessed the market value by the Reference Court qua the acquisition of 49.02 acres falling in village Khairpur, which was for the purpose of setting up commercial and residential for Sector 19-20 in Sirsa. Section 4 of notification was dated 30.11.2004 and land acquisition Collector passed the award on 27.11.2007 whereby he assessed the market value at Rs.15 lakhs per acre for Gair Mumkin and for Rs.8 lakhs on Nahari and Chahi Land.

(3.) Appellants Chhinder Kaur and Gian Singh filed LAC Nos. 119 and 120 on 07.06.2008 under Section 18 of the Act seeking enhancement which was opposed by erstwhile Punjab Wakf Board on the ground that there was no record of any lease deed/rent receipt to show that they were tenants, which was the case of the said appellants-claimants. When the proceedings were at the fag end the Wakf Board filed application under Order 14 Rule 5 read with Section 151 C.P.C for framing of additional issues regarding the possession and locus standi of the claimants Gian Singh and Chhinder Kaur. The same was rejected vide order dated 13.12.2012 on the ground that tenant/lessee issue was to be decided in the proceedings under Section 30 of the Act and therefore, the application was dismissed with Rs.1000/- as costs and the case was kept for evidence of the respondents, namely, the Wakf Board and the State. Eventually the impugned order dated 20.12.2012 was passed whereby the market value was assessed at Rs.550/- per Sq. yard (Rs.26,62,000/- per acre). However, observations as such also came on record that the land-owners had locus standi and they were recorded as lessees of the land in dispute and therefore there were not required to produce any lease deed to prove their status lessee and that Column No.12 of the jamabandi which shows that the rent was being paid on the yearly basis as per chakota (yield). The relevant portion of the award of the reference Court reads as under :-