IN THE HIGH COURT OF PUNJAB AND HARYANA
RAJESH BINDAL, J.
Dilbagh Singh and Others – Appellant
Versus
State of Haryana – Respondent
Regular First Appeal No. 2718 of 2011 (O and M)
Decided On : 03-09-2015
Land Acquisition - Valuation of Compensation - Land Acquisition Act, 1894 - Section 4, Section 6 - RFA Nos. 2718 to 2750, 3135 to 3180, 3481 to 3483, 3704, 3707, 4000 to 4007, 4045 to 4073, 4079, 4150, 4151, 4312, 4466, 4510, 4511, 4514, 4516, 4523, 4538, 4539, 4780 to 4783, 4800 to 4805, 4808, 4809, 4815, 4816, 4828, 4829, 4879 to 5128, 5288, 5289, 5467 to 5475, 5502 to 5530, 5565 to 5570, 5968 to 5976, 6087, 6088, 6109, 6120, 6747 to 6764, 6893, 6947, 6948, 6952, 7107, 7141, 7177 to 7182, 7214 to 7218, 7313 to 7316, 7319 to 7328, 7549 to 7551 and 7885 of 2011; RFA Nos. 233, 235, 255, 277, 433 to 437, 803, 822, 823, 919, 925, 1006, 1196, 1404 to 1421, 1554, 1621, 6371, 6372, 7115 to 7119, 7213, 7229, 7392 and 7393 of 2012; RFA Nos. 419, 420, 436 to 438, 491, 1044, 1045, 1084, 1471 to 1474, 1484 to 1487, 1664, 1676, 1925, 1985 to 1987, 2148, 2304, 2364, 2365, 2457, 2458, 2606, 2626, 2628, 2866, 3341, 3342, 3507, 4103, 4104, 4335, 4399, 4742, 5783, 6169, 6939 to 6941, 6980, 7552 to 7566 and 7922 to 7925 of 2013; RFA Nos. 38, 72, 73, 229 to 231, 1043, 1044, 1227, 1228, 1265, 1269, 1290 to 1294, 1582, 1593, 2139, 2160, 2161, 2265, 2837 to 2841, 3204 to 3218, 3283, 3284, 4308, 4337 to 4342, 4433, 4997, 5013, 5973, 6138, 6189 to 6192, 6614, 6617, 7195, 7262, 8500, 8778, 8871, 9429, 9720, 9828, 10589, 10666 and 10844 of 2014; RFA Nos. 299, 301, 533, 2793, 2939, 4229 and 4230 of 2015; Cross Objections Nos. 106-CI to 110-CI, 112-CI to 118-CI, 131-CI, 132-CI, 145-CI to 147-CI of 2011; Cross Objections No. 46-CI of 2012; Cross Objections Nos. 3-CI of 2013; Cross Objections Nos. 7-CI and 20-CI of 2015 - The court discussed the valuation of compensation for land acquisition under Section 4 and Section 6 of the Land Acquisition Act, 1894. It considered the fair value of the acquired land and the principles for assessing compensation, including the application of reasonable cut while considering sale deeds pertaining to small plots. The court also highlighted the relevance of location and infrastructure in determining compensation, and the dismissal of previous appeals related to valuation of compensation, which had attained finality.
Fact of the Case:
The State of Haryana sought to acquire land for development and utilization for residential, commercial, and industrial areas. The landowners appealed for further enhancement of compensation, while the State appealed for reduction.
Finding of the Court:
The court determined the fair value of the acquired land and dismissed the appeals filed by both the landowners and the State, as the previous appeals related to valuation of compensation had already been dismissed and attained finality.
Issues: Valuation of compensation for acquired land under the Land Acquisition Act, 1894.
Ratio Decidendi: The court considered the principles for assessing compensation, including the application of reasonable cut while considering sale deeds pertaining to small plots, and highlighted the relevance of location and infrastructure in determining compensation.
Final Decision: The court dismissed the appeals filed by both the landowners and the State, as the previous appeals related to valuation of compensation had already been dismissed and attained finality.
RAJESH BINDAL, J.
This order will dispose of
RFA Nos. 2718 to 2750, 3135 to 3180, 3481 to 3483, 3704, 3707, 4000 to 4007, 4045 to 4073, 4079, 4150, 4151, 4312, 4466, 4510, 4511, 4514, 4516, 4523, 4538, 4539, 4780 to 4783, 4800 to 4805, 4808, 4809, 4815, 4816, 4828, 4829, 4879 to 5128, 5288, 5289, 5467 to 5475, 5502 to 5530, 5565 to 5570, 5968 to 5976, 6087, 6088, 6109, 6120, 6747 to 6764, 6893, 6947, 6948, 6952, 7107, 7141, 7177 to 7182, 7214 to 7218, 7313 to 7316, 7319 to 7328, 7549 to 7551 and 7885 of 2011;
RFA Nos. 233, 235, 255, 277, 433 to 437, 803, 822, 823, 919, 925, 1006, 1196, 1404 to 1421, 1554, 1621, 6371, 6372, 7115 to 7119, 7213, 7229, 7392 and 7393 of 2012;
RFA Nos. 419, 420, 436 to 438, 491, 1044, 1045, 1084, 1471 to 1474, 1484 to 1487, 1664, 1676, 1925, 1985 to 1987, 2148, 2304, 2364, 2365, 2457, 2458, 2606, 2626, 2628, 2866, 3341, 3342, 3507, 4103, 4104, 4335, 4399, 4742, 5783, 6169, 6939 to 6941, 6980, 7552 to 7566 and 7922 to 7925 of 2013;
RFA Nos. 38, 72, 73, 229 to 231, 1043, 1044, 1227, 1228, 1265, 1269, 1290 to 1294, 1582, 1593, 2139, 2160, 2161, 2265, 2837 to 2841, 3204 to 3218, 3283, 3284, 4308, 4337 to 4342, 4433, 4997, 5013, 5973, 6138, 6189 to 6192, 6614, 6617, 7195, 7262, 8500, 8778, 8871, 9429, 9720, 9828, 10589, 10666 and 10844 of 2014;
RFA Nos. 299, 301, 533, 2793, 2939, 4229 and 4230 of 2015;
Cross Objections Nos. 106-CI to 110-CI, 112-CI to 118-CI, 131-CI, 132-CI, 145-CI to 147-CI of 2011;
Cross Objections No. 46-CI of 2012;
Cross Objections Nos. 3-CI of 2013;
Cross Objections Nos. 7-CI and 20-CI of 2015;
as common questions of law and facts are involved.
2. The landowners are in appeal seeking further enhancement of compensation for the acquired land awarded by the learned court below, 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 10.11.2000, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire 88.18 acres of land, situated in village Shahpur, Had Bast No. 125, Tehsil and District Ambala for development and utilisation thereof for residential, commercial and industrial area for Sectors 10 and 11 (New Nos. 32 and 33), Ambala Cantt. The same was followed by notification dated 8.11.2001, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 5.11.2003, assessed the compensation @ Rs. 7,00,000/- per acre for the land upto the depth of one acre from GT road, Rs. 5,00,000/- per acre for the land upto the depth of two acres from GT road, Rs. 2,75,000/- per acre for chahi land and Rs. 1,50,000/- per acre for Gair Mukin/Banjar land. 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. 327/- per square yard upto the depth of one acre adjoining the GT road and for rest of the land @ Rs. 297/- per square yard.
4. Vide another notification dated 4.12.2000, issued under Section 4 of the Act, State of Haryana sought to acquire 184.33 acres of land, situated in village Shahpur, Had Bast No. 125, Tehsil and District Ambala for development and utilisation thereof for residential, commercial and industrial area for Sectors 10, 11 and 12 (New Nos. 32, 33 and 34), Ambala Cantt. The same was followed by notification dated 3.12.2001, issued under Section 6 of the Act. The Collector, vide award dated 11.9.2003, assessed the compensation @ Rs. 7,00,000/- per acre for the land upto the depth of one acre from GT road, Rs. 5,00,000/- per acre for the land upto the depth of two acres from GT road, Rs. 2,75,000/- per acre for chahi land, Rs. 2,00,000/- per acre for Barani land and Rs. 1,50,000/- per acre for Gair Mukin/Banjar land. Aggrieved against the award of the Collector, the landowners filed objections which were
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