BIMLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present set of 37 appeals filed under Section 54 of the Land Acquisition Act, 1894 arise out of the two awards of the Reference Court, Hisar dated 27.08.2012 and 29.10.2014 and both pertain to the notification under Section 4 dated 03.12.2009. The acquisition was for similar kind of public usage in the sense that one was for the construction of second Water Works at Hansi whereas the other was for construction of Sewerage Treatment Plant (STP) at Hansi. Resultantly the appeals are being disposed of by way of a common judgment as the location of the land as such is in close vicinity to each other and the relevant date of Section 4 notification also being the same. However, for the purpose of convenience and reference, they will be referred to as the 1st notification and the 2nd notification.

(2.) As per the 1st notification 529 kanals 20 marlas of land (appro. 66 acres) was sought to be acquired for construction of second Water Works at Hansi. Vide award dated 11-H dated 16.09.2010 the Land Acquisition Collector awarded Rs.17 lakhs per acre upto the depth of 2 acres on the Kutubpur Dhani to Hansi road and Rs.10 lakhs per acre for the land beyond the said distance. However for the land falling beyond 2 acres, the rate was increased subsequently to Rs.12 lakhs. The Reference Court placed reliance upon the award No.13-H dated 15.11.2010 (Ex.P5) of the LAC wherein 89 kanals 12 marlas were also acquired in village Hansi and compensation had been granted @ Rs.18 lakhs per acre upto the depth of 2 acres on both sides of the link road and Rs.17 lakhs per acre for the land beyond the said depth. Keeping in view the fact both the lands were situated on the link metaled road the amount was enhanced to the same level as granted by the Land Acquisition Collector.

(3.) In appeal i.e. RFA No.903 of 2015 was initially decided on 28.05.2016 and the Coordinate Bench of this Court enhanced the amount of compensation to Rs.4527/- per sq.yard (Rs.2,19,10,680/- per acre) by taking Ex.P2 dated 12.02.2008 into consideration which was measuring 16 kanals 14 marlas which was in favour of Ms/ Amazon Enterprises P.Ltd. The market value of the same was worked out to Rs.4900/- per sq.yard Increase of 12% was given for the difference of time between the sale deed and the section 4 notification and the market value was assessed @ Rs.6036.80 per sq.yard (Rs.2,92,18,112/- per acre) and 25% cut was applied as the sale exemplar was situated on the GT road.