BRIJESHWAR Vs. HARYANA STATE & OTHERS

JUDGEMENT

(1.) The present judgment shall dispose of 10 appeals, bearing RFA-1781 to 1785 of 2004, filed by the landowners and RFA-1592 to 1596 of 2004, filed by the State, under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') against the order of the Reference Court, Karnal dated 23.03.2004, wherein for land measuring 62 kanals 7 marlas in Kasba Gharaunda, for public purpose, for the sewerage treatment plant, for treating the sewerage water, the market value of which was assessed @ Rs.62 per square yard (Rs.3,00,080/- per acre).

(2.) Vide the award dated 08.03.2001 for the Section 4 notification dated 20.07.1999, the market value of the land was assessed at Rs.2,20,000/- per acre by the Land Acquisition Collector and aggrieved against the same, the landowners preferred reference petitions under Section 18 of the Act. Keeping in view the sale deeds (Ext.P-9 & P-10) dated 02.06.1994 for land measuring 17 kanals 18 marlas, which were 5 years prior to the acquisition process, which was sold for Rs.2 lacs per acre (Rs.41.32/- per sq.yards), the enhancement was granted at Rs.62/- per sq.yard.

(3.) Counsel for the State has submitted that the enhancement of 10% which has been granted for calculating the market value was on the excessive side and the rate should have been 7.5% and therefore, prayed for reduction.