IMPORTANT POINT
Compensation in land acquisition must be reasonable, just and fair.

JUDGMENT :

R.K.Agrawal, J

1. Leave granted.

2. The above appeals have been filed against the impugned common judgment and order dated 03.06.2016 passed by learned single Judge of the High Court of Punjab and Haryana at Chandigarh in R.F.A. No. 6617 of 2012 (O&M) and other connected matters whereby the High Court partly allowed the appeal filed by the appellants herein while dismissing the cross appeals of the respondent-State.

3. Brief Facts:-

(a) The Government of Haryana, Revenue Department, vide Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the LA Act’) dated 18.10.2005 has notified the land of Village Ferozpur Namak, Tehsil Nuh, District Mewat for the construction of Mini Secretariat at District Mewat, admeasuring 372 karnals 2 marlas (i.e. 46 acres 4 karnals and 2 marlas). Consequently, the Government of Haryana, vide Notification dated 25.05.2006, issued declaration that the land is required for a public purpose.

(b) Notice under Section 9 of the LA Act was issued to all the landholders and interested persons. The Land Acquisition Collector (LAC), Nuh, Mewat, vide Award No. 1 dated 05.11.2007 assessed the market value of the acquired land at the uniform rate of Rs 16 lakhs per acre along with 30% solatium and 12% additional amount to the landholders.

(c) Being aggrieved, the appellants herein filed a Reference under Section 18 of the LA Act which was registered as LA Case No. 394/01.12.10/19.09.11 before the Land Acquisition Collector-cum-SDO(C) Nuh, Mewat. On 28.08.2012, the Reference Court, enhanced the compensation to Rs. 72,00,000 lakhs per acre and applied the development cut at the rate of 55% and a further cut of 5% on account of waiting period, totaling to 60%. Thus, the compensation was determined at Rs. 28,80,000/- per acre along with the statutory benefits.

(d) Being not satisfied, the appellants herein preferred a Regular First Appeal (RFA) being No. 6617 of 2012 alongwith other set of appeals before the High Court. Respondent-State also filed cross appeals before the High Court. Learned single Judge of the High Court, vide common judgment and order dated 03.06.2016, partly allowed the appeals of the landholders by enhancing the compensation to Rs. 64,80,000 per acre along with other benefits while dismissing the cross appeals filed by the respondent-State.

(e) The landholders, being aggrieved by the judgment and order dated 03.06.2016, has preferred these appeals by way of special leave before this Court.

4. Heard Mr. R.S. Suri, learned senior counsel for the appellants and Mr. P.S. Patwalia, learned senior counsel for the respondent-State and perused the records.

Point(s) for consideration:-

5. The short point of consideration arises before this Court is as to whether in the light of present facts and circumstances of the case, any interference is sought for by this Court?

Rival contentions:-

6. At the outset, learned senior counsel for the appellants argued that the High court failed to consider that the land acquired had great future potential for being developed as residential as well as commercial area, hence, the compensation ought to have been awarded accordingly. Learned senior counsel further contended that the assessment of the compensation has not been done considering the following factors like potential value, location of land, future prospects, the development of land in question and the likely injury to be sustained by the appellants herein for loss of their future earnings etc. It was also contended that the High Court has not considered the facts that the acquired land has immense potential which is situated at a distance of half kilometers from the Nuh City, and also situated within 30 kms from the cyber city and could be directly approachable from Indira Gandhi International Airport, New Delhi.

7. Further, the Reference Court allowed a cut of 55% on account of development for raising infrastructural activities and other amenities and a cut of 5% on account of