STATE OF HARYANA Vs. MOHINDER SAIN

JUDGEMENT

(1.) The present judgment shall dispose of 42 appeals, bearing RFA-1976 to 1998 of 2004, RFA-2506 to 2519 of 2004, RFA-2595 to 2597 of 2004, RFA-2684 of 2004 & RFA-2454 of 2005, filed by the landowners and the State, under Section 54 of the Land Acquisition Act, 1894, against the order of the Reference Court, Karnal dated 01.06.2004, wherein a sum of Rs.3,00,080/- has been assessed as the market value of the land in question (Rs.62/- per sq.yards).

(2.) The assessment of the market value is on the basis of an earlier award passed by the same reference Court dated 23.03.2004 qua notification dated 20.07.1999 for land measuring 62 kanals 7 marlas in Kasba Gharaunda, for public purpose, for the sewerage treatment plant, for treating the sewerage water, whereas the notification in the present case was almost 2 years thereafter, i.e., on 15.05.2001 and qua the land adjoining the earlier acquisition. The present acquisition is for 153 kanals 15 marlas for the same purpose of treating the sewerage water and setting up a sewerage plant at Gharaunda.

(3.) The Land Acquisition Collector, vide award dated 20.12.2002, had assessed the market value @ Rs.2,50,000/- per acre against which reference petitions under Section 18 under the Act had been filed on the ground that the land was within the Municipal limits of Gharaunda and surrounded by Wards No.11 & 14 and was close to the railway station as well as the Shiv Colony and the value of the acquired land was claimed to be Rs.1200/- per sq.yards.