State of Haryana v. Asha Ram

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. D. D. Gupta, Additional Advocate General, Haryana. Mr. A. K.Singal and Mr. Jaivir Yadav, Advocates for the land owners. ... Rajesh Bindal J. This order will dispose of R.F.A. Nos. 871, 1242, 1243, 1245 to 1260, 1262 to 1279, 1355 to 1404, 1966, 1967, 2019, 2020, 2719, 4434 of 2003 and 262 of 2004, as common questions of law and facts are involved. In the appeals filed by the land owners, they are seeking further enhancement of compensation for the acquired land, whereas in the appeals filed by the State, the prayer is for reduction thereof. Briefly, the facts of the case are that vide notification dated 2.4.1998, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired 53 kanals and 19 marlas in village Dungarwas, 34 kanals and 11 marlas in village Masani; 55 kanals and 17 marlas in village Khijuri and 1.04 acres in village Rasgan, District Rewari for the purpose of construction of extension of Nikhri Distributory from km 5.934 to km 11.251. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land @ ` 2,00,000/- per acre for chahi land and ` 1,40,000/- per acre for Banjar kind of land pertaining to villages Dungarwas and Rasgan and ` 2,50,000/- per acre for chahi land and ` 1,90,000/- per acre for Banjar land pertaining to villages Masani and Khijuri. Dissatisfied with the award of the Collector, the land R.F.A. No. 871 of 2003 [ 2] owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ ` 6,00,000/- per acre. Learned counsel for the land owners submitted that the learned court below had relied upon award (Ex. PX) passed by it pertaining to the land acquired for the purpose of construction of expansion of Raliawas Distributory vide notification dated 18.12.1997 and assessed the value @ ` 6,00,000/- per acre. Referring to the judgment of this court in R.F.A. No. 872 of 2003 –State of Haryana and others v. Mahesh Kumar, decided on 1.11.2010, it was submitted that the amount of compensation in the aforesaid case was enhanced from ` 6,00,000/- per acre to ` 6,50,000/- per acre. The submission was that the land owners in the present case be also awarded the same amount of compensation. In addition to that, reliance was placed upon three sale deeds produced by the land owners on record, namely, Ex. P1, Ex. P5 and Ex. P6. Referring to the aforesaid sale deeds, it was submitted that sale deed (Ex. P1) was registered on 18.6.1997 for 4 kanals of land pertaining to land of village Khijuri at an average price of ` 6,00,000/- per acre. Sale deed (Ex. P5) was registered on 13.8.1996 for 2 kanals and 10 marlas of land pertaining to land of village Raliawas at an average price of ` 5,60,000/- per acre. Sale deed (Ex. P6) was registered on 14.6.1993 for 10 kanals and 17 marlas of land of village Masani at an average price of ` 4,00,000/- per acre. The submission was that the land pertaining to the aforesaid sale deeds have been shown in site plan (Ex. PW5/1). The location thereof is quite close to the acquired land. The same can also be relied upon for the purpose of assessment of fair value of the acquired land, however, while adding increasing at least @ 12% per annum thereon for the time gap from the registration of sale deeds till the issuance of notification under Section 4 of the Act. The acquired land is situated near National Highway No. 8 (Delhi-Jaipur Highway) and State Highway Road (Dharuhera- Narnaul). This road is very important road facilitating movements of goods and persons. The land in question is situated between industrial area of Bawal, Dharuhera, Rewari and Bhiwadi, hence it has great potential to be utilised for industrial purposes. On the other hand, learned counsel for the State submitted that value of the land, as has been assessed by the learned court below is quite on higher side if the evidence led by the State is considered. The State had produced as many as 22 sale deeds pertaining to different villages, the land of which was acquired showing that the value of the land even after acquisition was quite close to the award of the Collector. The aforesaid sale deeds clearly established that even after R.F.A. No. 871 of 2003 [ 3] 2/3 years of the issuance of notification under Section 4 of the Act, the value of the land in the area had not increased. May be those sale deeds are later in time, but the same can very well be considered for the purpose of assessment of fair value of the acquired land, as the land owners cannot raise an argument that the land had great potentiality and the value thereof increased in near future. However, he could not dispute the fact for the land acquired vide notification dated 18.12.1997, this court in Mahesh Kumar's case (supra) had increased the compensation from ` 6,00,000/- per acre to ` 6,50,000/- per acre. Heard learned counsel for the parties and perused the relevant referred record. The acquired land is situated near National Highway No. 8 (Delhi- Jaipur Highway) and State Highway Road (Dharuhera-Narnaul). This road is very important road facilitating movements of goods and persons. The land in question is situated between industrial area of Bawal, Dharuhera, Rewari and Bhiwadi, hence it has great potential to be utilised for industrial purposes. For the purpose of assessment of fair value of the acquired land, in my opinion, even if we consider the judgment of this court in Mahesh Kumar's case (supra) pertaining to acquisition of land vide notification dated 18.12.1997 or the sale deeds, referred to by learned counsel for the land owners, the end result would be the same. From a perusal of site plan (Ex. PW5/1), it is evident that the land pertaining to the present acquisition is located on one side of NH-8, whereas the land pertaining to acquisition of land for Raliawas Distributory is located on the other side of NH-8. This has come even in the statement of RW1- Ram Kishan Patwari that location-wise and potentiality-wise, both the lands are similar in kind. The learned court below while assessing the compensation for the acquired land in the present case had referred to and relied upon the award pertaining to the acquisition of land for Raliawas Distributory. This court while deciding the appeal against that award, in Mahesh Kumar's case (supra) had increased the compensation from ` 6,00,000/- per acre to ` 6,50,000/- per acre. Even if this court considers sale deed (Ex. P1) relied upon by learned counsel for the land owners, the same was registered on 18.6.1997 pertaining to 4 kanals of land at an average price of ` 6,00,000/- per acre. This portion of land falls in the revenue estate of village Khijuri. The total land acquired is also not very big chunk, as the same is 19.08 acres. It is a small strip of land passing through four villages located in the vicinity and small portions of land belonging to each of the land owners was acquired. There being time gap of 10 months from the registration of sale deed till the issuance of notification under Section 4 of the Act, if increase @ 12% per R.F.A. No. 871 of 2003 [ 4] annum is awarded thereon for the time gap, the value will come out to 6,60,000/- per acre. Even that is also quite close to the amount of compensation awarded by this court for the acquisition of land for the purpose of Raliawas Distributory vide notification dated 18.12.1997. In view of the aforesaid discussion, in my opinion, the land owners in the present case are entitled to compensation @ ` 6,50,000/- per acre. The land owners shall also be entitled to all the statutory benefits available to them under the Act. Accordingly, the appeals filed by the land owners are allowed in the manner indicated above, whereas the appeals filed by the State are dismissed.

15.12.2010 ( Rajesh Bindal ) Judge