ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This bunch of ten R.F.As Nos. 2859 of 1986 and 184 to 191 and 223 of 1987, preferred by the landowner claimants whose lands have been acquired for being developed into residential sectors of Gurgaon town, is being disposed of through this common judgment in view of the identity of facts and the contention raised therein.

(2.) As a result of the notification published under Section 4 of the Act on November 16, 1981, considerable area falling within the revenue estate of village Daulatpur Nasirabad (Presently known as Carterpuri) including that of the appellants, was acquired by the State Government. the Collector evaluated this land on the basis of its agricultural kind and quality. Since the claimants did not accept the adequacy of this compensation, they sought their respective reference under section 18 of he Act. The District Court while accepting their contention that the land in question could not be treated as agricultural land for purposes of its evaluation, has awarded them compensation at the rate of Rs. 28/- per square yard. This was so done in the light of an earlier award of the Court (Exhibit P-1) pertaining to an acquisition in this very village whereby the market value of that land had been determined at the rate of Rs. 26/- per square yard. In that case notification under Section 4 was published on November 23, 1979. taking this award as the basis the lower Court enhanced the rate to Rs. 28/- per square yard on account of the lapse of about two years that intervened the two acquisitions. The Court also took notice of the fact, in the light of certain judgments of this Court, that the price of lands in the vicinity of the growing and developing towns keeps up rising at the rate of at least Rs. 1/- per square yard per year.

(3.) The primary claim of he learned counsel for the appellants now is that the award Exhibit P.1 referred to above was the subject-matter of R.F.A. No. 911 of 1985 (Braham Parkash and others v. The State of Haryana) and vide judgment dated April 8, 1987, this Court has raised the rate of compensation from Rs. 26/- per saqure yard (as was awarded by the lower Court) to Rs. 30/- per square yard. the Court ordered this enhancement by taking judicial notice of the ever-increasing trend in the prices of lands in the neighbourhood of developing towns like Gurgaon. The Court calculated this rise at the rate of Rs. 1.50 Paise per square yard per year. The counsel contends that the appellants deserve to be treated in the same manner and they should be awarded compensation at the rate of Rs. 33/- per square yard in the light of the judgment in Braham Parkash's case . I find considerable merit in the stand of the learned counsel. As has been pointed out earlier, the acquisition to which that appeal related was effected in pursuance of a notification published under section 4 of the Act on November 23, 1979, e.e., about two years prior to the prior to the present acquisition. the land in that case was evaluated at the rate of Rs. 30/- per square yard. So enhancing this rate at the rate indicated in the above noted judgment, the market value of the appellant's land is determined at Rs. 33/- per square yard. The appeals are thus allowed to this extent. Besides this the appellants are also held entitled to the additional amount, solatium and interest as envisaged by Sections 23(1-A), 23(2) and 28 of the Act. They are also held entitled to the proportionate costs of these appeals.