RAJINDER SINGH KOHLI Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The present judgment shall dispose of 20 appeals i.e. RFA Nos. 487, 1792, 2596, 4402, 4365 of 2013, 2825 to 2830 of 2014, 4301, 7189 of 2014, 46, 143, 2124, 5778 of 2015 and 63, 122 and 3919 of 2016 since common questions of facts and law are involved in all the appeals. RFA Nos. 487, 1792, 2596, 4402, 4365 of 2013, 4301 of 2014, 46 of 2015 and 122 and 3919 of 2016 have been filed by the land owners and RFA Nos. 2825 to 2830, 7189 of 2014, 143, 2124, 5778 of 2015 and RFA No. 63 of 2016 have been filed by the State. Facts are being taken from RFA No. 487 of and other connected matters 2 2013, Rajinder Singh Kohli vs. The Land Acquisition Collector, Urban Estate, Gurgaon and others.

(2.) The present set of appeals has been filed under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') by the land owners and the State which arise out of the notification dated 02.06.2004 under Section 4 of the Act. The villages in question are Choma, Carterpuri and Sarai Alawardi, Tehsil and District Gurgaon. The public purpose for acquisition of the land was for development and utilization of land for residential, commercial and institutional Sectors 2 and 3. The land acquired was 9.19 acres in Choma, 2.925 acres in Carterpuri and 8.45 acres in Sarai Alawardi. The Land Acquisition Collector, vide awards had granted Rs.15,00,000/- per acre as compensation for all types of land for all the three villages. The land owners, aggrieved against the grant of compensation, had filed petition under Section 18 of the Act and the first LA Case No. 463 of 2010, Narendra Singh Chahal and another vs. State of Haryana and others was decided on 18.10.2012 alongwith 5 other cases.

(3.) The Reference Court enhanced the compensation to Rs.1,06,25,000/- per acre alongwith all statutory benefits. The said award was followed on 01.02.2013 by another Reference court. Similarly, for village Carterpuri, the award of Choma was relied upon and the same amount of compensation was granted on 23.11.2013. Thereafter, another award was passed on 03.09.2015, Qabul Chand (D) through L.Rs. vs. State of Haryana and others wherein, the judgment in LAC No. 154 of 2012, Kamlesh Kapoor vs. State of Haryana and others decided on 23.11.2013 was relied upon. Lastly, for village Sarai Alawardi, the judgment in Narendra Singh Chahal's case (supra) was relied upon to grant the same and other connected matters 3 amount of compensation on 26.08.2014 and 07.04.2015. Thus, the reasoning in Narendra Singh Chahal's case (supra) is a subject matter of consideration as to whether it is justified in the facts and circumstances as apparently, on the face of it, the same is erroneous in view of the settled principles of law and, therefore, the State appeals merit consideration.