JAI PAL Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The present judgment shall dispose of 28 appeals bearing RFA549, 250 to 254-2011, RFA-1245 to 1258, 1266, 1751, 1752, 1816, 2560 & 4104-2006, under Section 54 of the Land Acquisition Act, 1894 (for short, the 'Act'), filed by the land-owners, directed against the Reference Court award dated 30.11.2005 and 18.05.2010, passed by the Addl.District Judge, Kaithal, under Section 18 of the Act.

(2.) The Reference Court enhanced the compensation to Rs.3,58,000/- per acre from Rs.3,50,000/-, which was awarded by the Land Acquisition Collector, vide award dated 28.06.200 The acquisition was of 548 acres of land in village Patti Chaudhary, Kaithal, Hadbast No.20 and was initiated on 20.10.2000 under Section 4. Section 6 notification was dated 11.10.2001 and the land was acquired for the purpose namely, for the development and utilization of the land to set up a Transport Nagar at Kaithal under the Haryana Urban Development Authority Act, 1977. The claim was rejected by holding that the land was acquired vide the same notification and to grant the same amount of compensation, which is allegedly for the same purpose, the Reference Court has relied upon the earlier award dated 30.09.2005.

(3.) In the objections raised by the land-owners, the plea taken was that the Collector had failed to appreciate the fact that the land was situated within the Municipal limits of the Municipality and surrounded by residential, commercial and industrial area. HUDA had carved out Model town at Jind Road, Kaithal about 20 years back, which was just adjacent to the land in question and now the entire colony had been occupied by the house owners. They had constructed their houses over the plots in that colony and the value of the plots in the said colony was not less than Rs.5000/- per sq.yards. New Anaj Mandi was constructed about 6 months ago and the vacant plots of the shops in the Mandi having area of 60 sq.yards had been sold for a sum of Rs.33 lacs. There were Government offices, godowns, plinths, factories near the land in question and it was used for commercial and residential purposes and its value was not less than Rs.2000/- per sq.yards.