important point
When the authorities/courts below considered all aspects and the award was not arbitrary, no further enhancement can be granted in absence of any material on record.

JUDGMENT

P.K. Balasubramanyan, J.—

1.Leave granted in Petitions for Special Leave to Appeal. Delay condoned in filing application for Substitution in Civil Appeal arising out of Petition for Special Leave to Appeal (Civil) No. 9355 of 2007 and application for substitution is allowed. Heard learned counsel on all sides.

2.A Notification under Section 4 of the Land Acquisition Act was issued on 19.5.1992 notifying the proposal for acquisition of an extent of 504.27 acres of land in the revenue estates of Hisar, Satrod Khurd and Satrod Khas in District Hisar. The public purpose put forward was the development and utilization of land as residential in Sectors 9 and 11 by the Haryana Urban Development Authority. On 18.5.1993, a declaration under Section 6 of the Land Acquisition Act was made. The area in respect of which the declaration was made was of 478.44 acres.

3.The Land Acquisition Collector passed an award on 17.5.1995 adjudging the compensation payable to the land owners at Rs. 3 lakhs per acre. On a claim for enhancement by various claimants, the Reference Court enhanced the compensation to Rs. 235/- per square yard for the lands in the revenue estate of Hisar and to Rs.135/- per square yard in the revenue estates of Satrod Khurd and Satrod Khas. The Reference Court found that the lands were agricultural lands and were being used for agricultural purposes. But still it found that the acquired lands were within the municipal limits of the town and it took note of the potentialities of the lands with reference to its location, its lie, and the potentialities in view of the availability of civic amenities. In other words, all the relevant aspects were taken into consideration by the Reference Court while fixing the land value at Rs. 235/- per square yard for the lands in the revenue estate of Hisar and at Rs. 135/- per square yard for the lands in the revenue estates of Satrod Khurd and Satrod Khas.

4.The State as well as the claimants appealed against this award. According to the State, the lands being agricultural lands, the enhancement awarded was exorbitant and the rate per square yard accepted was too high. No case for such enhancement had been made out by the claimants. According to the claimants, the land value should have been awarded at a higher rate and even going by the valuation adopted by the Reference Court something more than Rs. 235/- per square yard should have been awarded. As far as the lands situate in Satrod Khurd and Satrod Khas were concerned, it was contended that there was no justification in not adopting the same rate as land value for them as for the lands in estate Hisar and the fixing of the compensation at Rs.135/- per square yard for those lands was unjustified. The learned single judge of the High Court dismissed the appeals by the State. He also found in the appeals by the claimants in respect of lands in estate Hisar, that the land value of Rs. 235/- per square yard for the lands comprised therein was correct and called for no interference. But, the learned judge found that though there was distinction between the lands in estate in Hisar and those in estates Satrod Khurd and Satrod Khas, the disparity in the value awarded was not justified and that it would be appropriate to enhance the compensation for the lands in Satrod Khurd and Satrod Khas to Rs. 175/- per square yard. Thus, the claim for enhancement in respect of those lands was partly accepted. Feeling dissatisfied, the claimants went up in further appeal. It was argued before the Division Bench that even on his own reasoning, the learned single judge ought to have awarded a higher compensation for the lands in estate Hisar. As regards the lands in Satrod Khurd and Satrod Khas, it was contended that the compensation should have been awarded at a rate equal to the rate adopted for the lands in estate Hisar. The Division Bench found that the learned single judge was fully justified in awarding land value for the lands in Hisar at Rs. 235/