This order dismisses appeals regarding land acquisition compensation. The court upheld the Reference Court's award, noting that no evidence was produced to demonstrate that the appellants' land was of superior quality compared to land assessed in a prior year's notification.
Appeals are dismissed and the award of the Reference Court is upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RFA No.325 of 1990
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No.325 of 1990
Date of Decision: 5.11.2008
Sagar Chand and another
..Appellants.
Vs.
Haryana State
..Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.Ashok Aggarwal, Sr.Advocate with Mr.Alok Jain, Advocate and Mr.Mahender Singh, Advocate for the appellants.
Mr.Rajiv Kawatra, Sr.DAG Haryana for the respondent.
RAKESH KUMAR JAIN, J.
This order shall dispose of RFA Nos.325 to 327 of 1990, 594, 1027, 2200 and 2701of 1994 by a common judgment as common question of law and facts are involved therein.
The area of 3.12 acres was originally notified under Section 4 of the Land Acquisition Act, 1894 (for short `the Act') issued on 10.12.1982 situated in village Gurgaon H.B.No.55, Tehsil and District Gurgaon for the public purpose namely for the development and utilisation of land as residential and commercial area under the Haryana Urban Development Authority. This notification was followed by notification of declaration under Section 6 of the Act dated 21.1.1985. The actual area under award is found to be 37.18 acres. The Land Acquisition Collector, Urban Estate Department, Haryana, Gurgaon vide his award No.16 for the year 1985-86 dated 6.1.1986, classified the land as under:
RFA No.325 of 1990 -2 -
Chahi 54 Bighas 4 Biswas 13 Biswansi Gair Mumkin 5 Bighas 5 Biswas 3 Biswansi 59 9 16
The Collector awarded compensation Rs.64,000/- per acre for Chahi land, Rs.51,200/- per acre for Gair Mumkin other than Khadans and Rs.25,600/- for Gair Mumkin Khadans. The land owners filed Objections under Section 18 of the Act in which it was alleged that market value of the acquired land was not less than Rs.400/- per square yard on the date of the notification under Section 4 of the Act. The claim of the land owners was contested by the State in which it was alleged that the Collector has already awarded fair, just and reasonable compensation on the basis of the prevailing market value and it was denied the value of the acquired land was Rs.400/- per square yard at the time of acquisition. Both the parties led their respective evidence before the Reference Court. The learned Reference Court basically relied upon evidence led by the appellants-claimants namely the previous judgment of village Gurgaon Ex.P2 in which the notification was issued on 19.12.1978 and the market value was assessed @ Rs.50/- per square yard. Since in the present case, notification under Section 4 of the Act was issued on 10.12.1982 which is 4 years' subsequent to the previous notification on 19.12.1978 in which Rs.50/- per square yard has already been settled as compensation, the learned Reference Court while relying upon decision in the case of Gulzari Lal Vs. State of Haryana RFA No.818 of 1986 decided on 24.11.1988 by this Court and granted Rs.5/- per annum per square yard in accordance with the period of 4 years and consequently awarded Rs.70/- per square yard for the acquisition issued on 10.12.1982.
RFA No.325 of 1990
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Learned counsel for the appellants has vehemently argued that compensation for the acquired land should have been more than assessed in Ex.P2 as their land is more fertile, however, on repeated questions asked by the Court about the evidence in this regard, counsel for the appellants could not point out any evidence which could show that their land is of better quality than the land of the year 1978.
In view of the above, I do not find any merit in the present appeals and uphold the award of the Reference Court. The present appeals being devoid of any merit, are dismissed.
5.11.2008 Meenu
(Rakesh Kumar Jain) Judge
2 issues framed by the court
Whether the compensation awarded by the Collector for land acquisition was fair and reasonable considering market trends between 1978 and 1982.
Whether evidence was sufficient to show that the appellants' land was of better quality than land assessed in a prior year.
Colour shows how this judgement treated each authority
Gulzari Lal Vs. State of HaryanaRelied on¶19
Gulzari Lal Vs. State of Haryana RFA No.818 of 1986
3 provisions across 1 enactments
Sagar Chand
Haryana State
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
