STATE OF HARYANA Vs. SOHAN LAL

JUDGEMENT

(1.) The present judgment shall dispose of appeals, filed under Section 54 of the Land Acquisition Act, 1894, 31 appeals filed by the State, 15 appeals filed by the landowners along with 13 cross-objections, filed by the landowners.

(2.) Facts of the first notification Vide the first notification dated 04.04.2008, which was followed by the notification under Section 6 dated 09.05.2008, land measuring 12.87 acres was sought to be acquired for the construction of Rajiv Gandhi Khedar Thermal Feeder Channel. The Land Acquisition Collector, vide award No.20-H dated 17.11.2008, fixed the market value @ Rs.8 lakhs per acre for Nehri, Rs.10 lakhs per acre near National Highway and Rs.17 lakhs per acre, for the land near Railway track. In the petitions filed under Section 18 of the Act, the Reference Court, vide award dated 05.11.2015, while deciding 20 petitions, the main case being Smt. Bharpai Vs. State of Haryana, fixed the market value @ Rs.1095/-per sq.yard (Rs.52,98,667/- per acre). The basis of enhancement was the sale deed dated 24.09.2007, for land measuring 2 kanals, sold for Rs.19,87,000/-. Accordingly, the market value was assessed per acre @ Rs.79,48,000/- per acre and by granting 1/3rd cut, the value was reduced by Rs.19,86,000/- and the market value was accordingly assessed.

(3.) The notification under Section 4 read with Section 17 was issued on 10.12.2008 and Section 6 notification was issued on the next day, i.e., 11.12.2008. The award was passed on 25.02.2009 @ Rs.8 lakhs per acre for all kinds of land, for 16.6 acres. The purpose of acquisition was for the construction of the Railway track for approach to Rajiv Gandhi Thermal Power Plant, Khedar (Hisar). The landowners, being dissatisfied with the compensation granted by the LAC, approached the Reference Court under Section 18 and the market value was assessed @ Rs.1100/- per sq.yard (Rs.53,24,000/- per acre). The Reference Court, while deciding the said issue, primarily relied upon the earlier award dated 05.11.2015, in the case of LAC-93-LA titled Smt.Bharpai Vs. State of Haryna and others, to grant the same amount of compensation. A finding was recorded that one of the landowners, Savitri, whose land was also acquired vide the first notification and falling in Rectangle Nos.518//23/2/1(1-2) and vide the second notification, the balance land of the said killa was acquired measuring 4 kanals 14 marlas. The claim for enhancement @ 12% was declined for the difference between the 2 notifications for the period of 8 months 6 days. The purpose of acquisition being for the infrastructure of the Thermal Plant and the earlier acquisition being for the Water Channel and the present one for the Railway activity, were the reasons why the market value in the same range was awarded @ Rs.1100/- per sq.yard. It was noticed that nothing had come on record that the price had increased during the vicinity of 8 months Counsels for the State and for the Power Generation Corporation Ltd., have objected to the enhancement on the ground that the sale exemplars, as such, were small in size and were only 2 kanals and the cut was on the lower side.