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1994 Supreme(P&H) 20
PUNJAB & HARYANA HIGH COURT
S.D.Agarwala and N.K.Sodhi JJ.
Chander Parkash
Versus
State Of Haryana
Letter Patent Appeal No. 211 of 1991,
Decided On : JANUARY 5, 1994
The belting system is a highly artificial system and cannot be restored to as a hard and fast rule. It can be useful only when the depth and remoteness of the acquired land indicate possible variations in prices.
Headnote:
LAND ACQUISITION - COMPENSATION - MARKET VALUE - BELTING SYSTEM - RELEVANCE - FACTUAL MATRIX - Held, the market value of the acquired land on the relevant date was Rs. 1,05,000/- per acre and the learned Judge was right in abolishing the various blocks which had been created by the Additional District Judges for the purpose of assessing the market value of the land in question.
Fact of the Case:
Land measuring 3791 kanals and 2 marlas in village Satrod Khas and another area measuring 1138 kanals and 11 marlas in village Satrod khurd, Tehsil and District Hisar was sought to be acquired for a public purpose, namely, for the extension of Hisar Cantonment. The Land Acquisition Collector divided the land into blocks and determined the market price for each block. The land owners sought references under Sec. 18 of the Act. The Additional District Judges enhanced the compensation for some blocks. The land owners and the Union of India filed appeals and cross appeals in the High Court.
Finding of the Court:
The High Court held that the market value of the acquired land on the relevant date was Rs. 1,05,000/- per acre. The Court also held that the learned Judge was right in abolishing the various blocks which had been created by the Additional District Judges for the purpose of assessing the market value of the land in question.
Issues: 1. What is the market price of the acquired land on the date of the preliminary notification issued under Sec. 4 of the Act? 2. Whether the learned Judge was right in fixing a uniform rate for the entire land while abolishing the blocks created by the Land Acquisition Collector and the Additional District Judges for the purpose of assessing the market value.
Ratio Decidendi: 1. The market value of the land is to be determined as on the date of the publication of the notification under Sec. 4 of the Act. 2. The belting system is a highly artificial system and cannot be restored to as a hard and fast rule. It can be useful only when the depth and remoteness of the acquired land indicate possible variations in prices.
Final Decision: The High Court dismissed the appeals and cross objections filed by the claimants-land owners and the Union of India.
N.K.SODHI, J.
1. This order will dispose of a bunch of 241 Letters Patent Appeals and cross-objections arising out of the same acquisition proceedings some of which have been filed by the land-owners for further enhancement in the amount of compensation awarded by the learned single Judge while the others have been filed by the Union of India for reduction of the amount. Since L.P.A. 211 of 1991 in the main appeal on the basis of which others were admitted facts are being taken from this case.
2. By a notification issued by the State of Haryana on 18/06/1984 under Sec. 4 of the Land Acquisition Act, 1894 (for short, the Act) land measuring 3791 kanals and 2 marlas in village Satrod Khas and another area measuring 1138 kanals and 11 marlas in village Satrod khurd, Tehsil and District Hisar was sought to be acquired for a public purpose, namely, for the extension of Hisar Cantonment. This notification was followed by a notification under Sec. 6 of the Act and the Haryana Government was satisfied that the land specified in the notification was urgently required by the Central Government for the aforesaid public purpose. Out of the total area of 3781 kanals and 2 marlas some land in village Satrod Khas was released and the notification under Sec. 6 of the Act finally acquired 3026 kanals and 17 marlas in this village. Similarly, some land was released in village Satrod Khurd as well and an area measuring 1044 kanals and 8 marlas was finally acquired. Villages Satrod Khas and Satrod Khurd adjoin each other and the land has been acquired in both these villages for the extension of Hisar Cantonment. The acquired land is for extending the cantonment towards the city of Hisar. The total acquired land in both the villages is shown in blue colour in the site plan which has been produced on the record as Exhibit PW 3 /1. A part of this land abuts on the National Highway No. 10 popularly known as Delhi Hisar Road and another part of the land abuts on the Hisar bye-pass road. The Land Acquisition Collector as per his award No. 5 pertaining to the land in village Satrod Khurd divided the same in three blocks and determined Rs. 60,000.00 per acre as the market price for land in block A; Rupees 40,000/-per acre for land in blook B and Rs. 25,000.00per acre for land in block C. As regards the land in village Satrod Khas, the Collector divided the same in four blocks and as per his award No. 6 awarded Rs. 60,000.00 per acre for block A, Rs. 40,000.00 per acre for block B, Rs. 25,000.00 per acre for block C and Rs. 15,000.00 per acre for block D.
3. Feeling dissatisfied with the amount of compensation awarded by the Land Acquisition Collector, the land owners in both the villages sought references under Sec. 18 of the Act. All the references pertaining to village Satrod Khurd were heard and disposed of by Shri V. P. Aggarwal, Additional District Judge, Hisar as per his judgment dt. 23/01/1989. He not only maintained the belting system but also the amount of compensation awarded by the Land Acquisition Collector for land falling in block A. For blocks B and C the compensation was enhanced to Rs. 50,000.00 and Rs. 40,000.00 per acre respectively. References pertaining to Village Satrod Khas came up for hearing before Shri P. L. Khanduja, Additional District Judge, Hisar who as per his judgment dt. 28/02/1989 divided the entire land of this village in two blocks, namely, block A and block B. A sum of Rs. one lac per acre was the market price determined for the land in block A and Rs. 50,000.00 per acre was the amount awarded for the remaining land in block B.
4. The land owners and the Union of India both were not satisfied with the amount of compensation awarded by the Additional District Judges and they consequently filed Regular First Appeals and cross appeals in this court. Land owners claimed further enhancement in the amount of compensation while the Union of India wanted the amount to be reduced. Regular First Appeals and the cross-ap
