IMPORTANT POINT
Acquisition of land – Claimants similarly situated whose lands have been acquired under same notifications shall be entitled to enhanced amount of compensation at par with other landowners whose lands have been acquired under same notifications.

ORDER :

M.R. SHAH, J.

1. All these appeals pertain to the compensation payable for the lands acquired under three different notifications dated 7.4.1986, 5.6.1992 and 3.7.1995 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘1894 Act’) for the lands situated in village Ajronda, District Faridabad, State of Haryana.

2. Vide notification dated 7.4.1986 issued under Section 4 of the 1894 Act, the State of Haryana sought to acquire land ad-measuring 6.97 acres situated in village Ajronda, District Faridabad, Haryana for development and utilisation thereof as Green Belt on the west of Delhi – Mathura Road. The Land Acquisition Officer vide his award dated 30.03.1989 determined the market value of the acquired land at Rs. 3,38,800/-per acre. At the instance of the landowners, references were made under Section 18 of the 1894 Act. The Reference Court determined the market value of the acquired land at Rs. 435/-per square yard.

2.1 Vide notification dated 5.6.1992 issued under Section 4 of the 1894 Act, the State of Haryana sought to acquire land ad-measuring 7.81 acres situated in village Ajronda, District Faridabad, Haryana for development and utilisation thereof for semi-public use including institutional use for educational, medical, defence and administrative purposes in Sector 20-B, Faridabad. The Collector vide his award dated 2.6.1995 determined the market value of the acquired land at Rs. 4,50,000/-per acre. The Reference Court enhanced the amount of compensation to Rs. 392.50 per square yard.

2.2 Vide notification dated 3.7.1995 issued under Section 4 of the 1894 Act, the State of Haryana sought to acquire the land ad-measuring 98.66 acres situated in village Ajronda, District Faridabad, Haryana for commercial, institutional, recreational and residential purposes. The Collector vide his award dated 29.6.1998 determined the market value of the acquired land at Rs. 5,85,000/-per acre. The Reference Court enhanced the amount of compensation to Rs. 400/480 per square yard.

2.3 The judgment(s) and award(s) passed by the Reference Court were the subject matter of appeals at the instance of the landowners as well as the State of Haryana before the High Court. By the impugned common judgment and order, the High Court has determined the market value of the acquired land at Rs. 435/-per square yard with respect to notification dated 7.4.1986; at Rs. 566/-per square yard with respect to notification dated 5.6.1992 and at Rs. 795/-per square yard with respect to notification dated 3.7.1995.

3. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court, the original landowners have preferred the present appeals and have prayed for enhancement of the amount of compensation.

4. Learned counsel appearing on behalf of the respective appellants – original landowners – claimants have heavily relied upon the decision of this Court dated 11.03.2019 passed in Civil Appeal No. 2736 of 2019 and other allied civil appeals by which with respect to the very notifications dated 7.4.1986, 5.6.1992 and 3.7.1995 and with respect to the lands acquired of the very village/s, this Court has determined the compensation at Rs. 435/-per square yard with respect to the lands acquired under notification dated 7.4.1986; at Rs. 860/-and Rs. 1210/-per square yard for the lands acquired under notifications dated 5.6.1992 and 3.7.1995 respectively. Therefore, it is prayed to enhance the amount of compensation at par with all those other landowners whose lands have been acquired under the same notifications.

5. Learned counsel appearing on behalf of the State of Haryana is not in a position to dispute the above. However, has opposed the appeals on the ground of delay in preferring the appeals.

6. At the outset, it is required to be noted that vide orders dated 5.9.2022, the delay in preferring the appeals has been condoned by this Court, subject to rider that the appellants-claimants shall not