RANVIR SINGH Vs. LAND ACQUISITION COLLECTOR-CUMSDO (C)

JUDGEMENT

(1.) This order shall dispose of RFA Nos.2816 of 2010 (O&M); RFA Nos. 2817, 2818, 2965, 2985, 2986 & 3479 of 2010; RFA Nos.681 & 2104 of 2014 filed by the landowners. For the sake of brevity, RFA No.2816 of 2010 is being treated as the lead case. The present set of 9 appeals filed by the landowners under Section 54 of the Land Acquisition Act, 1894 are directed against two awards of even date of the Reference Court, Gurgaon dated 15.01.2010 whereby the amount awarded as compensation @ Rs. 20 lakhs per acre by the LAC has been upheld. Resultantly, aggrieved against the declining of the references vide the impugned award, the landowners are in appeal claiming enhancement.

(2.) The land was acquired for the public purpose for completing and integrating the infrastructural facilities and other public utilities such as road, water supply, sewerage, electrification, drainage etc. and falls in village Dundahera, District Gurgaon measuring 15 acres, 4 kanals 13 marlas for which vide Award No.2 of 2002-2004 dated 03.02.2004, Rs. 20,00,000/- per acre had been awarded by the Land Acquisition Collector as compensation.

(3.) The reasoning given by the Reference Court is that at the time of notification under Section 4 of the Act i.e. dated 13.05.2002 sale deeds Ex.PW1/A, Ex.PW1/C and Ex.PW1/D were of plots developed by HUDA and the same could not be taken into consideration. Similarly, sale deeds Ex.PW2/3 to Ex.PW2/30 were also taken into consideration and sale deed Ex.PW2/3 was dated 04.02.2007 was rejected on the ground that it was registered after the date of notification and also being relating to village Sikanderpur Ghosi. Similarly, sale deeds Ex.PW2/4 to Ex.PW2/11, Ex.PW2/12 to Ex.PW2/21 and Ex.PW2/22 to Ex.PW2/27 were also pertaining to different villages, namely, Sikanderpur Ghosi and Sirhaul and having been executed in the year 1996 to 1999. The land mentioned in sale deeds Ex.PW2/12 to Ex.PW2/21 had been purchased by Sahara India Financial Corporation Ltd. whereas Ex.PW2/22 to Ex.PW2/27 were the sale deeds pertaining to the purchase made by M/s Mediator Properties P.Ltd. (sic Mid Air) and the land mentioned in sale deeds Ex.PW2/29 and Ex.PW2/30 also pertained to village Sikanderpur Ghosi and had been purchased by another colonizer M/s Barmalt India Ltd. The sale deeds involving different colonizers were rejected on the ground that it did not affect the average sale consideration which a reasonable person would be readily agreeing to pay and therefore could not be taken into consideration for arriving at the market price for the acquired land. Ex.PW2/28 dealt with sale of land on 15.01.1999 of village Dundahera through public auction which was conducted on 18.11.1993 @ Rs. 9300/- per sq.mtr in favour of Land Mark Builders P.Ltd. on 27.01.1994 and the said auction price was not held to be a price indicative only of the cost of land and on account of the prime speculative feature. Resultantly, the 17 references of the landowners were dismissed.