SHIVRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeals, filed by the landowners, bearing RFA-9281 and 9280-2014, RFA-530-2015, RFA-2083 and 3411-2016 and RFA-917-2017, filed under Section 54 of the Land Acquisition Act, 1894 (for short, the 'Act') are directed against the awards of the Reference Court, Gurgaon dated 21.07.2014 and 06.02.2016.

(2.) Vide the impugned awards, the Reference Court has fixed the market value of the land acquired vide notifications dated 25.11.2008 and 12.12.2008 @ Rs.3.5 crores per acre, for Village Badshahpur. The acquisitions being less than a month apart and of the same village, the appeals are being disposed of together. Even otherwise, vide the subsequent award dated 06.02.2016 passed in Harbhajan Singh Khera and others Vs. State of Haryana and others, to grant the same amount of market value, reliance was placed upon the first award.

(3.) For the notification under Section 4 read with Section 17(1) of the Act dated 25.11.2008, the lead case of which is Shivraj and others Vs. State of Haryana and others, land measuring 19.21 acres was acquired for the Development and Utilization of 90 meters wide Southern Periphery road alongwith 30 meters wide Green Belt on both sides from National Highway No.8 upto Sector 72, Gurgaon. The LAC, vide award No.59 dated 24.09.2009, had fixed the amount of market value @ Rs.70 lakhs per acre. Reference Court had the benefit of several sale deeds which were executed prior to the date of the notification and rightly rejected the sale deeds which were post-notification. Similarly, the sale deed (Ex.P-1) was rejected, being over a year, prior in time, having been executed on 16.04.2007/01.05.2007.