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IN THE HIGH COURT OF PUNJAB AND HARYANA
RAJESH BINDAL, J.
Rampal – Appellant
Versus
Land Acquisition Collector and Others – Respondent
Regular First Appeal No. 7108 of 2012 (O&M)
Decided On : 16-09-2015
LAND ACQUISITION - ASSESSMENT OF COMPENSATION - FAIR VALUE OF ACQUIRED LAND - KEY LEGAL PRINCIPLES - (i) Sale deed showing highest value is to be relied upon for the purpose of assessment of compensation. (ii) While assessing compensation, cut of 50% is required to be applied for smallness of area dealt with in the sale deed. (iii) After application of 50% cut on account of smallness of area dealt with in the sale deed, then further cut for providing infrastructural facilities and development expenses is required.
Fact of the Case:
The State of Haryana sought to acquire land for development and utilisation thereof as residential and commercial areas in Sectors 75 and 80, Faridabad. The Land Acquisition Collector assessed the compensation @ Rs. 16,00,000/- per acre. Aggrieved against the award of the Collector, the landowners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, determined the fair value of the acquired land Rs. 585/- per square yard.
Finding of the Court:
The court assessed the compensation @ 1,118/- per square yard for the land pertaining to the revenue estate of village Faridpur. The court assessed the compensation @ Rs. 2,900/- per square for the land pertaining to revenue estate of village Baselwa.
Issues: Whether the compensation assessed by the learned court below is just and fair considering the location of the land and the sale deeds produced on record by the landowners pertaining to the same revenue estate.
Ratio Decidendi: The court held that the compensation assessed by the learned court below is not just and fair considering the location of the land and the sale deeds produced on record by the landowners pertaining to the same revenue estate. The court observed that the land had great future potential for urbanisation. Private colonizers, like BPTP, Omaxe and SRS had built residential and commercial complexes surrounding the acquired land. On the western side of the acquired land, there is national highway by- pass. The land dealt with in the sale deeds was a big chunk and the average sale consideration paid therein is Rs. 2,892/- per square yard. The same were registered just eight days after the issuance of notification under Section 4 of the Act. The acquired land was some left out portion, which the landowners had not sold to the builders. In terms of the settled position of law, the sale deed showing highest value is to be relied upon for the purpose of assessment of compensation.
Final Decision: The court modified the impugned awards of the learned court below and held that the landowners shall be entitled to compensation @ Rs. 1,870/- per square yard for the land which falls outside the municipal limits and @ Rs. 2,000/- per square yard for the land situated within the municipal limits. The landowners shall also be entitled to all statutory benefits available to them under the Act.
RAJESH BINDAL, J.
1. This order will dispose of bunch of appeals bearing
RFA Nos. 7108 to 7114 of 2012;
RFA Nos. 477, 879 to 896, 1217, 1382 to 1389, 1406 to 1408, 1480, 1481, 1657, 1677, 2199, 2200, 2223, 2224, 2355, 2356, 2361, 2377, 2379, 2520 to 2527, 2549 to 2552, 2560, 2561, 2581 to 2585, 2612, 2875, 3326, 3327, 3330, 3331, 3362, 3363, 3374, 3379, 3541, 3920 to 3930, 4031 to 4033, 4280, 4281, 4314 to 4317, 4369, 4377, 4381, 4395, 4419, 4421, 4520 to 4523, 4527, 4647 to 4656, 4730, 4832, 4833, 4839 to 4844, 4864, 4865, 5075, 5082 to 5084, 5209 to 5215, 5227 to 5238, 5246, 5251 to 5260, 5267 to 5269, 5356 to 5366, 5435 to 5446, 5449 to 5454, 5462 to 5466, 5484, 5485, 5492 to 5495, 5588, 5596, 5597, 5599, 5600, 5602, 5623 to 5630, 5741, 5742, 5851, 6092, 6093, 6095 to 6097, 6101 to 6103, 6155, 6156, 6188, 6200 to 6206, 6268 to 6293, 6311 to 6322, 6341, 6342, 6361, 6374 to 6377, 6396, 6397, 6421, 6423, 6470, 6500, 6501, 6513, 6514, 6540, 6542, 6547, 6551, 6600, 6601, 6613 to 6615, 6665 to 6693, 6790 to 6799, 6802, 6803, 6838 to 6840, 6857, 6870, 6935, 6936, 6968 to 6974, 6979, 6987, 7097, 7122, 7123, 7208, 7209, 7236, 7238, 7260, 7261, 7274, 7276, 7374 to 7381, 7891, 7892, 7904 to 7908, 7996, 7997, 8003, 8045, 8046, 8051 to 8141 of 2013;
RFA Nos. 257 to 361, 370, 375, 380, 381, 379, 412 to 448, 459 to 464, 586, 812, 822, 825, 831, 842, 843, 851, 855, 860 to 862, 866 to 945, 973, 1015 to 1020, 1069 to 1071, 1107, 1122 to 1166, 1232, 1239, 1267, 1270, 1271, 1276 to 1278, 1473 to 1479, 1510, 1578, 1612, 1613, 1617 to 1620, 1655 to 1664, 2120, 2138, 2144, 2153, 2164, 2165, 2171, 2194, 2195, 2198, 2218, 2219, 2257, 2263, 2291, 2313, 2315, 2742, 2745, 2785, 2798, 2799, 2818, 2842 to 2851, 3038, 3276, 3277, 3335, 3336, 3366, 3367, 3372, 3391, 3407, 3410, 3614 to 3624, 3662, 3673, 3680 to 3682, 3690, 3728 to 3730, 3991 to 3996, 4199 to 4202, 4211 to 4215, 4241, 4387 to 4391, 4422, 4666, 4781 to 4784, 4990, 5252 to 5254, 5264, 5295, 5302, 5303, 5330 to 5332, 5335 to 5337, 5362 to 5367, 5405 to 5408, 5426, 5433, 5454 to 5456, 5548, 5550, 5556 to 5558, 5577, 5578, 6063 to 6067, 6135, 6280, 6324 to 6328, 6339, 6408 to 6411, 6507 to 6510, 6707, 6713, 6714 to 6716, 6940, 6941, 7200, 7207, 7219, 7240, 7242, 7320, 7372, 7375, 7397 to 7400, 7439 to 7442, 7661, 7662, 7674, 7675, 7681, 7687, 7690, 7700, 7712, 7767, 7848, 7849, 8056, 8064, 8068, 8070, 8080 to 8082, 8102, 8161 to 8163, 8464, 8465, 8631, 8635, 8668, 8699, 8700 to 8702, 8729 to 8731, 8764, 8818, 8870, 8972, 9003, 9053, 9058, 9064, 9087, 9090, 9094 to 9096, 9111, 9114, 9144, 9158, 9159, 9369 to 9371, 9418, 9550, 9551, 9559, 9560, 9562, 9596, 9597, 9654, 9664, 9716, 9840 to 9856, 10275 to 10301 of 2014;
RFA Nos. 43, 51, 277, 311, 333, 420 to 427, 434, 435, 439, 453 to 455, 478 to 505, 662 to 679, 681 to 708, 734 to 737, 783 to 795, 819, 821, 822, 865 to 868, 888, 899, 904, 1112, 1399, 1400 to 1404, 2016, 2025, 2255 to 2258, 2296 to 2300, 2317, 2369, 2370, 2381, 2650 to 2665, 2667, 3059 to 3063, 3066, 3272, 3273, 3278, 3331 to 3336, 3338, 3339, 3405, 3415, 3563 to 3565, 4371 to 4375, 4403 to 4405, 4415, 4433, 4444, 4446, 4468 to 4470, 4472, 4473, 4512, 4532, 4867 to 4882, 4930 to 4957 of 2015;
Cross Objections Nos. 20-CI, 37-CI and 43-CI of 2014 and
Cross Objections No. 37-CI of 2015.
2. In the appeals and cross-objections filed by the landowners, they are seeking further enhancement of compensation for the acquired land, whereas in the appeals filed by the State, the prayer is for reduction thereof.
3. Briefly, the facts of the case are that vide notification dated 1.5.2006, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire the land, situated in the revenue estate of village Baroli, Hadbast No. 116, village Sihi, Hadbast No. 80, village Murtezapur, Hadbast no. 97, village Pehladpur, Hadbast No. 117, village Bhatola, Hadbast No. 115, Tehsil and District Faridabad for development and utilisation thereof as residential
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