The High Court dismissed landowners' appeals against the reference court's award in a land acquisition case. The court held that the assessed compensation was just and adequate, and the small area in the sale deed evidence attracted a discount, negating further enhancement.
No order as to costs.
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.3466 of 1993
1
In the Punjab and Haryana High Court,at Chandigarh.
RFA No. 3466 of 1993 Decided on November 07,2008.
Sardara
-- Appellant
vs.
State of Haryana and another
---Respondents.
Present: Mr.Harminder Jit Singh,Advocate, for Mr.Ashish Kapoor,Advocate,for the appellant(s)
Mr.H.S.Hooda,Advocate General,Haryana,with Mr.Rajiv Kawatra, Sr.D.A.G.Haryana,for the respondents.
Rakesh Kumar Jain,J :
This judgment shall dispose of 11 appeals filed by the landowners/claimants i.e. RFA Nos. 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474 and 3475 all of 1993 and 803 of 1994 as common questions of law and facts are involved therein.
Land measuring 11.72 acres situated in village Jasaur Kheri, Tehsil Bahadurgarh, District Rohtak was acquired at public expense for public purpose, namely, for the construction of G.W.S Channel from RD 19.924 K.M. to 32.K.M. by Haryana Government in pursuance of notification issued under Section 4 of the Land Acquisition Act, 1894 (for short,'the Act'), published in Govt. Gazette dated 20.12.1988 which was followed by a notification of declaration issued under Section 6 of the Act.
The Land Acquisition Collector vide his award No.2-R dated
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RFA No.3466 of 1993
05.4.1990 awarded compensation @ Rs. 60,000/- per acre for Nehri land and Rs.30,000/- per acre for Bhud and Gair-Mumkin land. The land owners filed objections under Section 18 of the Act for enhancement of compensation pleading inter-alia that the acquired land is situated in the vicinity of National Highway and also falls in the National Capital Project Area and abuts on the metalled road leading to Kharkhoda and Bahadurgarh town. It was further averred that the land in question was suitable for installation of factories and also for residential purpose. Therefore, the amount of compensation should have been not less than Rs. 3 lacs per acres by the learned Court below.
The objections were contested by the State of Haryanarespondent pleading that the acquired land is far away from National Highway No.10 and also from urban population and is unsuitable for industrial and residential purposes. It was also alleged that already adequate compensation was allowed by the Land Acquisition Collector after considering all relevant factors much-less prevailing the market rate at that time.
The learned Reference Court after appreciating the evidence on record assessed the market value of the acquired land @ Rs.96,000/- per acre for Nehri and Rs. 48,000/- per acre for Bhud and Gair mumkin besides awarding the landowners statutory benefits as per provisions of the amended Act. The learned Reference Court has relied upon Ex P-3 a copy of the sale deed dated 06.6.1986 executed by Jai Narain and Surat Singh of their land situated in village Jasaur Kheri mesuring 4 kanals 3 marlas @ Rs.49,700/- per acre which comes to Rs. 95807/- per acre.
Learned counsel for the appellants has argued that Ex.P-3 is a
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RFA No.3466 of 1993
sale deed which is pertaining to 2 and ½ years earlier than the notification issued under Section 4 of the Act on 20.12.1988, therefore, the landowners are entitled to a suitable increase.
This argument of the learned counsel for the appellants seems to be attractive but it has been dealt-with by the learned Reference Court observing that area in the sale deed is a small piece of land of only 4 kanals 3 marlas which attracts a cut but the same has not been applied by the Court below. Thus, in my view, the compensation that has been assessed by the Court below is just and adequate and calls for no further enhancement in the present appeals.
In view of the above discussion, the present appeals are dismissed with no order as to costs.
November 07,2008 RR
(Rakesh Kumar Jain) Judge
2 issues framed by the court
Whether the compensation assessed by the Reference Court for land acquired for a G.W.S Channel is just and adequate.
Whether the sale deed used as evidence should attract a cut since the area in the sale deed is small.
3 provisions across 1 enactments
Sardara
State of Haryana
another
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
