The market value of land acquired for development should be determined based on its potential for development, considering its location, situation, and proximity to urban areas and major transportation routes, rather than solely on its agricultural value.

S.S.SANDHAWALIA, J.

1. The galaxy of the learned counsel appearing for the parties in this set of fifty-three Regular First Appeals are agreed that the issues of law and fact are so substantially common, if not identical, that all these appeals may be disposed of by a single judgement.

2. By a notification under Section of the Land Acquisition Act dated 6th Sept. 1966, published in the Government Gazette on 23rd Sept. 1988, an area at 248.30 acres was sought to be compulsorily acquired for the public purpose of the planned development of Sector 16 of the New Industrial Township of Faridabad. The consequential notification under S.6 followed and in the subsequent proceedings the Collector rendered his award on the 20th Jan. 1968, whereby he classified the whole of the area aforesaid into three categories, A, B and C and then proceeded to further subdivide each category into three kinds as shown in the following table :-

Class

Cultivated

Ghair.mumkin.

Banjar land.

Category A

Rs. 605/-

Rs. 400/-

Rs. 180/-

Category B

Rs. 380/-

Rs. 200/-

Rs. 120/-

Category C`

Rs. 190/-

Rs. 152/-

Rs. 100/-

It is manifest from the above that the Collector considered the whole land as agricultural and assessed its market value primarily on its quality as agricultural land He further awarded compensation for the buildings, wells, trees and henna plants (for which the land in question seems to he particularly suited) in existence on the land in dispute primarily in accordance with the assessment of the value thereof made by the Sub-Divisional Officer. The landowners feeling dissatisfied with the assessment of value both as regards the land and appendages thereto made as many as ninety-three claim-applications for references under S.18 of the Act of these 91 references were consolidated and tried together (two being decided separately),

3 The State of Haryana in contesting the aforesaid references took up the stand that more than ample compensation has already been awarded to the claimants. It was stated on its behalf that the land in dispute had been correctly assessed as agricultural and the stand of the claimants that the same had primarily to be determined with regard to its potentiality of being used for residential, commercial and industrial purposes, was sought to be denied. The claim with regard to the fragmentation of the land, as also with regard to the fruit bearing and non-fruit bearing plants, etc., was further not admitted. On the pleadings of the parties, the following issues were originally framed :-

1. What was the market value of the land at the time of publication of the notification under S.4 of the Land Acquisition Act ?

2. What was the market value of the wells, tube-wells and construction if any, which were acquired dong with the land at the time of notification under S.4 of the Land Acquisition Act ?

3. Whether any fruit bearing trees and non-fruit bearing trees existed on the acquired land. If so, to what compensation are the petitioners entitled in respect to them ?

4. What was the market value of the henna plantation acquired with the land at the time of notification under S.4 of the Act ?

5. Whether any severance and fragmentation of other lands of the petitioners was effected due to the acquisition, if so to what compensation are the petitioners entitled this account ?

6. Whether the claim of the petitioners is barred by the provisions of S.25 of the Land Acquisition Act ?

7. Relief Later on, on 17th July, 1992 the following in two additional issues were struck :-

6-A. Who is the person entitled to receive compensation ?

6-B. In case the compensation has to be apportioned, in what proportion should Lt be paid to different claimants ?

4. Before us challenge has been laid only to the findings on Issues Nos. 1, 4, 6-A and 6-B. It is, therefore, unnecessary to advert to the findings on the remaining issues, which we hereby affirm for the detailed reasons recorded by the learned District Judge, Gurgaon.

5. On the critical