DALJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present judgment shall dispose of 10 appeals, under Sec. 54 of the Land Acquisition Act, 1894 (for short, the 'Act') out of which, 5 appeals bearing RFA-6790 to 6793-2011 and RFA-4698-2012 are filed by the landowners and remaining 5 appeals bearing RFA-566 to 570-2012 are filed by the State, against the common award dtd. 21/3/2011, passed by the Reference Court, Kaithal. Facts have been taken from RFA-6790-2011 titled Daljeet Singh & others Vs. State of Haryana & others.

(2.) The Reference Court has awarded a sum of Rs.430.00 per sq.yard (Rs.20,81,200.00 per acre), for the land which had been acquired vide notification under Sec. 4 dtd. 26/7/2006. The Land Acquisition Collector, vide award dtd. 19/3/2009, had awarded a sum of Rs.8.5 lakhs per acre, for the land measuring 34.41 acres falling in Village Patti Kaisth Seth Kaithal, Hadbast No.24, which had been notified under Sec. 6 of the Act on 28/3/2007, acquired for the purpose of Sewerage Disposal Works & Solid Waste Disposal, at Kaithal. The enhancement was on the basis of the sale deeds (Exts.P-4 & P-5) wherein the rate of land was assessed @ Rs.21.00 lakhs per acre. Similarly, sale deed (Ext.P-6) was also kept in mind whereby the value was coming to Rs.26.00 lakhs per acre whereas Exts. P-7 & P-8 showed that the value was @ Rs.40.00 lakhs per acre. An earlier award titled as Krishan Kumar Seth Vs. State of Haryana & others (Ext.P-15) which pertained to the notification under Sec. 4 dtd. 10/11/2003 had also been produced by the landowners wherein market value had been assessed @ Rs.310.00 per sq.yard. At an even earlier point of time, vide award dtd. 14/5/2009 (Ext.P-17), pertaining to the notification dtd. 9/8/2002, market value had been fixed @ Rs.280.00 per sq.yard. Both the said acquisitions were of Sector 21 Kaithal. Keeping in view the potentiality of the land in question and that the market value was going up and the land being in close vicinity of Sector 21 and the fact that there would also be wastage of land on account of development and the fact that HUDA was also selling land @ Rs.10,000.00 per sq.meter in the locality, the market rate was, thus, assessed @ Rs.20,81,200.00 per acre.

(3.) Senior Counsel, Mr.Shailendra Jain, accordingly, submitted that the market value was assessed on the lower side whereas there were sale exemplars of the said village wherein the value was shown @ Rs.40.00 lakhs per acre, while referring to Exts.P-7 & P-8 and accordingly, enhancement was sought. Apart from that, by filing applications bearing CM-1866-CI-2019 & 10100-CI-2013 and 10775-CI-2014 in RFA-6790- 2011, CM-10102-CI-2013 in RFA-6791-2011, CM-10098-CI-2013 in RFA-6792-2011, CM-10096-CI-2013 in RFA-6793-2011 and CM-10104-CI-2013 in RFA-4698-2012, for additional evidence, the fall back was on another acquisition wherein, vide notification dtd. 30/6/2006, vide award dtd. 21/3/2011 (Annexure A-1) land was acquired for extension of the Bus Stand and the Traffic Park whereby market value had been granted @ Rs.2000.00 per sq.yard. The same had further been enhanced to Rs.3000.00 per sq.yard in RFA-3733-2011 titled State of Haryana & others Vs. Ashok & another, the Special Leave Petition of which is, however, pending and the award had been stayed by order dtd. 4/5/2017.