This appeal challenges the enhancement of land acquisition compensation from Rs.70,000 to Rs.1,00,000 per acre. The court dismissed the appeal, holding the enhanced award correct despite one reference being based on a post-notification sale deed.
Both appeals filed by the State of Haryana were dismissed with no costs awarded.
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.722 of 1993
-1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RFA No.722 of 1993
Date of Decision: 15.5.2009
State of Haryana and another
..Appellants.
Vs.
Mangtu
...Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Ms.Mamta Singal Talwar, AAG Haryana for the appellants. None for the respondents.
RAKESH KUMAR JAIN, J.
By this common order, I shall be disposing of two Regular First Appeals bearing Nos.722 and 723 of 1993 filed by the State of Haryana against the award passed by Additional District Judge, Rewari dated 17.9.1992, as identical question of law and facts are involved in these appeals. The facts, however, are being extracted from RFA No.722 of 1993.
Vide notification dated 17.2.1989 issued under Section 4 of the Land Acquisition Act, 1894 (for short the Act') followed by a notification of declaration dated 18.9.1989 issued under Section 6 of the Act and published in Haryana Govt. Gazette, 3 kanals 13 marlas of land was acquired in the revenue estate of village Ramgarh, for a public purpose, namely, for the free allotment of residential plots to land-less or homeless persons or the persons of poor Sections of Society of the village. The Land Acquisition Collector (for short the Collector') vide his award dated
RFA No.722 of 1993
-2 -
18.2.1991 awarded compensation @ Rs.70,000/- per acre for Chahi land. Dissatisfied with the compensation awarded by the Collector, the claimants filed Objections under Section 18 of the Act and averred that the market value of the acquired land was not less than Rs.1 lac per acre as it was Chahi land and situated near the village. In reply to the Objections, the State of Haryana denied that the market value of the acquired land was Rs.1,00,000/- per acre at the time of issuance of the notification because the acquired land was just an agricultural land and there was no development in the close vicinity. In order to substantiate their claim, both the parties led their respective evidence. Claimant Mangtu Ram appeared as PW1, who stated that the acquired land is Chahi in nature and situated near Firni of the village and its market value was not less than Rs.7/8 lacs per acre. He also deposed that in the year 1990, he purchased one kanal of land for Rs.40,000/-. Lal Singh appeared as PW2 and made a similar statement. Besides oral evidence, the claimants tendered two sale deeds Ex.A1 and Ex.A2. The first sale deed was executed in the year 1990 in respect of one kanal of land sold for Rs.40,000/- and the second sale deed was executed in the month of June 1989 in respect of two kanals of land, which was sold for Rs.32,000/-. The State of Haryana also placed on record some sale deeds, which were not found relevant by the Court below as price per acre arising out of those sale deeds was less than the award of the Collector. The learned Reference Court found that sale deeds Ex.A1 and Ex.A2 were executed subsequent to the notification issued under Section 4 of the Act but still relied upon sale deed Ex.A2 vide which two kanals of land was sold for Rs.32,000/- which comes to Rs.1,28,000/- per acre.
Keeping in view the fact that the sale deed was subsequent to
-3 -
RFA No.722 of 1993
the date of notification and that the acquired land is situated near the Abadi Deh, Rs.One lac per acre has been awarded along with all the statutory benefits in terms of the provisions of the Amended Act.
Ms.Mamta Singal Talwar, AAG Haryana appearing on behalf of the appellants-State has vehemently contended that sale deed subsequent to the date of notification, cannot be made the basis for determining the market value of the acquired land.
I have heard learned counsel for the appellants and perused the
record.
No doubt that sale deed Ex.A2 is post notification and by one of the claimant. It has also come on the record that only 3 Kanals 13 Marlas of land was acquired vide notification issued under Section 4 of the Act dated 18.9.1989. The Collector has awarded Rs.70,000/- per acre as the price of the acquired land as on 18.9.1989. As of now 20 years have passed and only 30,000/- per acre more has been awarded by the learned Court below that too, not only taking into consideration the fact that the land has been sold vide sale deed Ex.A1 in the month of August 1990 @ Rs.40,000/per kanal which comes to Rs.3,20,000/-, and vide sale deed Ex.A2 in the month of June 1989, 2 kanals of land was sold for Rs.32,000/- which comes to Rs.1,28,000/- per acre, but also because of the fact that the acquired land is Chahi agricultural land situated near Abadi-deh.
Thus, in my view even if the sale deed Ex.A2 which has been relied upon, is not considered being post notification and executed by the claimant himself, the land being Chahi agricultural and situated near Abadi Deh has been rightly assessed to the tune of Rs.30,000/- per acre more by the learned Reference Court while awarding Rs.1 lac per acre.
RFA No.722 of 1993
-4 -
In view of the above, I do not find any error in the impugned award of the Reference Court and as such, both the appeals filed by the
State of Haryana are dismissed. No costs.
15.5.2009 Meenu
(Rakesh Kumar Jain) Judge
2 issues framed by the court
Whether a sale deed executed subsequent to the Section 4 notification can be relied upon to determine market value.
Whether the compensation enhancement of Rs.30,000 per acre for Chahi agricultural land near Abadi Deh was erroneous.
3 provisions across 1 enactments
State of Haryana
Mangtu
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
