KANHAYA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present order shall dispose of 12 appeals i.e RFA Nos.2326, 2529, 2531, 2535 to 2538, 3283 to 3286 and 3820 of 2006 filed both by the State and the landowners. The facts are being taken from RFA No.2326 of 2006 'Kanhaya Lal Vs. State of Haryana and another'.

(2.) The present set of appeals filed under Sec. 54 of the Land Acquisition Act, 1894 arise out of the Award passed by the Reference Court, Panchkula dtd. 28/2/2006, whereby the market value of the For Subsequent orders see RFA-2530-2006 acquired land was assessed @ Rs.440.00 per square yard (Rs.21,29,600.00 per acre) for the notification dtd. 23/8/2001 issued under Sec. 4 of Land Acquisition Act, 1894 (for short 'the Act'), for the land falling in Village Devi Nagar, Hadbast No.384, Panchkula. The acquisition was of 18.98 acres and was for the public purpose namely for the development and utilization of land as recreational and commercial area for Sector 3 Part in Urban Estate, Panchkula.

(3.) The enhancement was done from Rs.6.00 lakhs per acre awarded by the Land Acquisition Collector vide Award No.12 dtd. 10/12/2002. While enhancing the compensation, the Reference Court relied upon the Land Acquisition Case No.366 'Purujit Singh Vs. State of Haryana' decided on 16/9/2002 (Ex.P51) pertaining to the land of village Jhuriwala and Devi Nagar, wherein the market value had been assessed @ Rs.256.00 per square yard (Rs.12,39,040.00 per acre) for the notification dtd. 11/7/1995. The sale deeds Ex.P42 to P50 pertaining to the year 1997 to 1999 and year 2001 were not taken into consideration by the Reference Court as they did not pertain to village Devi Nagar and pertained to village Kundi and Nada and were also of smaller area. Ex.P51 was held to be a best piece of evidence for determining the market value of the acquired land, as it pertained to the same village, same area, same location and resultantly, 12% increase was given on it for a period of six years difference. Resultantly, market value was assessed @ Rs.440.00 per square yard.