PARTAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present order shall dispose of 25 appeals i.e. RFA Nos.3707, 3705, 3706, 3708 to 3711, 3119, 3280, 3282 to 3290, 3309 & 3944 to 3947 of 2009, RFA Nos.2371 & 5485 of 2010 filed under Sec. 54 of the Land Acquisition Act, 1894 (for short 'the Act') both by the landowners and the beneficiary Power Grid Corporation India Ltd. against the Award dtd. 1/4/2009, whereby as many as 13 reference petitions were decided by the Reference Court, Fatehabad. The Reference Court has evaluated the market value of the land in question @ Rs.9.00 lakhs per acre by enhancing it from Rs.2,40,000.00 per acre as awarded by the Land Acquisition Collector (for short 'the Collector') vide Award dtd. 9/3/2005.

(2.) The notification under Sec. 4 of the Act was issued on 19/4/2004, whereby land measuring 38.33 acres situated in village Matana, Hadbast No.192, Tehsil & District Fatehabd was sought to be acquired. The primary reliance of the Reference Court was upon the sale deed dtd. 6/6/2002 (Ex.P41) was for land measuring 49 kanals 15 marlas (approximately 6 acres), which was sold for Rs.56,65,281.00 and market value of which works out @ Rs.9,11,000.00 per acre, which was in close vicinity of the acquired land.

(3.) Counsel for the landowners has primarily referred to Ex.P9, the site plan to submit that the land falling across the road had been acquired for the purpose of Police Lines on 2/10/2001. This Court in RFA No.63 of 2005 'State of Haryana Vs. Hemant Kumar' decided on 29/4/2010 had awarded the market value @ Rs.600.00 per square yard (Rs.29,04,000.00 per acre). It has been further submitted that in Civil Appeal No.6755 of 2013 'Bhavani Vs. State of Haryana' the amount has further been enhanced to Rs.866.00 per square yard (Rs.41,91,440.00 per acre) by the Apex Court and, therefore, reliance as such is placed upon the same to seek enhancement.