STATE OF HARYANA Vs. SUCHA SINGH AND OTHERS

JUDGEMENT

(1.) The present judgment shall dispose of 13 appeals i.e. RFA Nos. 2350 to 2356, 2462, 2521, 2742, 2743, 2910 and 2911 of 2005 and one X Objection i.e. X Objections No. 2-CI of 2008 in RFA No. 2911 of 2005, as common questions of facts and law are involved in all the appeals. Reference is being made to RFA No. 2350 of 2005, State of Haryana vs. Sucha Singh.

(2.) The present set of appeals under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') preferred both by the land owners and the State are directed against the award of the Reference Court, Panchkula dated 25.05.2005 whereby, the market value of the land falling in village Devi Nagar, Hadbast No. 384 has been fixed at Rs.286/- per sq. yard (Rs.13,84,240/- per acre). The basis of the award is an earlier award (Ex.PD) (Ex.P-38) dated 16.09.2002 in case titled as Purujit Singh vs. State of Haryana whereby, the market value had been fixed at Rs.256/- per square yard for the said village for the notification dated 11.07.1995. Accordingly, 12% increase was given on the said market value fixed and the rate has been assessed at Rs.286/- per sq. yard.

(3.) The acquisition in question is of 52.01 acres of land for development and utilization of land for recreational and commercial area of Sector 3, Panchkula. The Section 4 notification was dated 02.05.1997 and vide Award No. 1 dated 01.10.1999, the Land Acquisition Collector fixed the value at Rs.3,30,000/- per acre. It is pertinent to notice that for the earlier notification dated 11.07.1995, a sum of Rs.3,00,000/- had been assessed for the said village Devi Nagar which was for construction of roads between Sectors 3, 21, 24 and 25, Panchkula. The other villages have been given a lesser amount in as much as village Jhuriwala has been given Rs.1,05,000/- per acre whereas, Bana Madanpur has been given Rs.2,81,000/- per acre.