DESRAJ & OTHERS Vs. HARYANA STATE & OTHERS

JUDGEMENT

(1.) The present set of appeals, bearing RFA-1243, 2230 to 2234, 9746-2014 & RFA-7275-2013, have been filed by the appellant/landowners, HSIIDC and State, under Section 54 of the Land Acquisition Act, 1894, against the order of the Reference Court dated 15.05.2013, whereby the market value of the land falling in the 4 villages, i.e., Bas Kusla, Kasan, Khoh and Manesar, has been assessed @ Rs.48,83,403/-, for the notification dated 28.06.2004 under Section 4 of the Act.

(2.) The basis for awarding the compensation is on the principle of cumulative enhancement granted as per the award (Ext.P-7) dated 28.01.2011, of the earlier notification under Section 4 of the Act dated 07.03.2002. The notification in the present cases pertain to 28.06.2004 and the acquisition vide award No.30 is dated 27.07.2006 for the integration and completing infrastructure facilities and other public utilities such as roads, water supply, sewerage, electrification and drainage in the said 4 villages. It is further mentioned that they comprised of left out pockets of vacant agricultural land within the industrial sectors of Chaudhary Devi Lal Industrial Model Township, Manesar. The details of the notification of the land which was acquired in the 4 villages under Section 6 is as under:

(3.) The Collector had awarded Rs.12,50,000/- per acre, for all kind of land and the Reference Court, while keeping into account the award (Ext.P-7), which was for the notification dated 07.03.2002, whereby market value had been fixed @ Rs.37,54,465/-, by granting 12% cumulative increase on the compensation. Even in that case, the Reference Court had relied upon LAC-263-2008 titled as Hari Singh & others Vs. Haryana State & others (Ext.P-8) wherein uniform compensation of Rs.20 lacs per acre had been awarded by the Apex Court. Therefore, it would be apparent that 12% cumulative increase is being granted on the acquisition of 15.11.1994, when acquisition was made for the 1st Phase of IMT and which was finally decided on 17.08.2010 in HSIDC Vs. Pran Sukh, 2010 11 SCC 175, wherein Rs.20 lacs had been granted.