Land Acquisition--Annual Increase--For land of rural area, the annual increase could never be more than 7.5% per annum.

Mr. Arun Palli, J.: (Oral) - Vide this judgement. I shall decide a batch of 37 appeals, of which 21 have been filed by the State, and 16 by the claimants-landowners, as also one cross objection No.301-CI of 2016 in RFA No.1868 of 2007. For, the facts that are involved are common, and so are the questions that arise for determination, thus, these are being disposed of by a common order. However, for facility of reference, the facts are being culled out from RFA No.1848 of 2007.

2. Vide notification, issued under Section 4 of the Land Acquisition Act, 1894, published on 17.06.2003, a land measuring 933 kanals 07 marlas, situated in the revenue estate of village Sutana, Hadbast No.23, Teshsil Madlauda, District Panipat, was sought to be acquired for the ash disposal of Unit No.7 and 8 of Tau Devi Lal Thermal Power Project, Panipat. Declaration under Section 6 of the Act was made on 01.12.2003. The Land Acquisition Collector (for short ‘the Collector’), vide award No.6 dated 21.01.2004, assessed the market value of the land that was nehri/chahi at Rs. 3,50,000/- per acre, and Banjar Qadeem Thur at Rs. 2 lacs per acre. The landowners were also held entitled to all the statutory benefits as were admissible in law.

3. Being aggrieved by the assessment and the compensation awarded by the Collector, the landowners filed objections under Section 18 of the Act and sought a reference to the Civil Court.

4. The reference Court, on an analysis of the material and evidence on record held, for, the entire land was situated within the controlled area, it lay in a compact block, and since it was being acquired for a common purpose, vide the same notification, all the claimantslandowners were entitled to the same compensation. As regards assessment of market value of the acquired land, the sale deeds Ex.P3 to Ex.P9, brought on record by the claimant-landowners were ruled out of consideration, for, those either pertained to an extremely small area or were executed, post issuance of notification under Section 4. Likewise, the sale instances that were relied upon by the State, Ex.R2 to Ex.R5 were also discarded, for, these sale deeds were executed for a consideration, which was far less than even the assessment or the compensation awarded by the Collector, itself. And, that being so, the reference Court relied upon its previous award dated 31.05.2002 (Ex.P10), rendered in LA No.120 of 1996 (Sumer Chand @ Sumer Singh versus State of Haryana and others), in respect of the land situated in village Khukhrana, which was acquired for construction of Broad Guage Railway Siding for Indian Oil Refinery Limited. And, award dated 24.12.2005 (Ex.P11) passed in LA Case No.9 of 2004 (Avinash Kumar and others versus State of Haryana and others), in respect of a land that was situated in village Assan Kalan. For, both the villages i.e.Khukhrana and Assan Kalan abutted village Sutana, and the quality of acquired land was the same as in the other two villages. Accordingly, the reference Court while considering the time gap between the two notifications, issued under Section 4 of the Act, in the earlier acquisition and in these proceedings, i.e. from 12.12.1994 to 17.06.2003, awarded 12% annual increase upon the compensation assessed, in the case of Sumer Chand (supra) i.e. 97.94 x 12/100= 11.75. As a result, the market value of the acquired land was determined at Rs. 197.99 ps. per sq. yard, with all the statutory benefits.

5. As indicated above, the State, being aggrieved against the compensation awarded by the reference Court, prays for setting aside its award, whereas the claimants-landowners seek further enhancement.

6. Mr.Ashwani Talwar, learned counsel for the claimantslandowners submits that all what forms basis of the compensation assessed by the reference Court are the awards Ex.P10 and Ex.P11, vide which the landowners were awarded compensation at Rs. 97.94 ps. per sq. yard. And, for, in the appeals preferred against the said awards i.e.RFA No.4502