LAWS(P&H)-2018-5-309

HSIDC NOW HSIIDC Vs. ROSHAN LAL AND OTHERS

Decided On May 25, 2018
Hsidc Now Hsiidc Appellant
V/S
Roshan Lal And Others Respondents

JUDGEMENT

(1.) The present judgment shall dispose of 324 appeals and 4 cross-objections filed by the landowners of five villages, namely, Naurangpur, Shikohpur, Nawada Fatehpur, Naharpur Kasan and Lakhnoula (Hadbast Nos.157, 160, 112, 111, 110) for the acquisition for the public purpose for setting up for Chaudhary Devi Lal Industrial Model Township, Phase-V, Manesar, which was to be planned and developed as an integrated complex for industrial, commercial, recreational and other public utilities. Similarly, appeals of HSIIDC have also been filed, challenging the market value of land fixed @ Rs. 50,43,315/- per acre under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') against the Awards passed by the Reference Courts at Gurgaon, the dates of which are mentioned above in the columns.

(2.) The awards bearing No.8 to 12 in question were all passed on 09.03.2006 by the Land Acquisition Collector and the market value of the acquired land was fixed @ Rs.12.50 lakhs per acre as on the date of the notification under Section 4 read with Section 17 (2) (C) of the Land Acquisition Act, 1894 (for short 'the Act') dated 17.09.2004. The same had been followed up by the notification under Section 6 of the Act dated 27.10.2004. As per Section 6 notification land measuring 956 acres 5 kanals 18 marlas of land was acquired which included 114 kanals 14 marlas of village Manesar, however, the appeals do not pertain to village Manesar in the present set of cases. The details of land acquired in the 5 villages is as under:-

(3.) Various Reference Courts passed awards for the 5 villages which are subject matter of appeals both by the land owners who are dissatisfied with the amount of compensation awarded @ Rs.50,43,315/- per acre, whereas the appellant-Corporation seeks reduction in the amount awarded by the Reference Court, Gurgaon.