Land Acquisition – Belting System – Acquisition was for a uniform compact block which is 3 killas away from the road and, therefore, the belting system which has been resorted to as such is not justified.

Mr. G.S. Sandhawalia , J .:-The present order shall dispose of 5 appeals i.e RFA Nos. 1113, 459, 1424, 1425 and 1426 of 1998 filed under Section 54 of the Land Acquisition Act, 1894 (for short ‘the Act’) directed against the Award dated 03.11.1997, whereby the Reference Court, Sirsa has fixed the market value of the land in village Dhani Jatain, Tehsil Ellenabad, District Sirsa from Rs.1,50,000/- for the land nearer to the abadi falling in Square No.16, Killa No.3, 8 and 13 and Rs.1 lakh per acre for the remaining land, which was awarded by the Land Acquisition Collector vide Award No.4 dated 13.08.1993 to Rs.6,40,000/- upto the depth of 200 feet. The value beyond that has been assessed @ Rs.5,12,000/- per acre as on 30.03.1992 alongwith all statutory benefits. The appeals thus have been filed both by land owners and Haryana State Marketing Board, Panchkula against the assessment of the market value.

2. The acquisition was for the purpose of the extension of the Market Rest House, Staff Quarters and Fire Fighting Station etc. The landowners had sought enhancement on the ground that the land was situated within the municipal limits of Sector 10 of Ellenabad and the Main Market, Railway Station, Bus Stand and Sub-Divisional offices were near to the acquired land. The same was falling on the Ellenabad- Nohar Road and the potentiality of the land as such of Har Chand Ka Bas which had not been considered by the Land Acquisition Collector was also the case of the landowners and compensation was sought @ Rs.50 lakhs per acre. The value should be assessed in one block instead of the belting system and uniform compensation should be awarded. Compensation was also sought for the Kinnu Trees and standing crop.

3. The same was contested by the Marketing Board on the ground that the land was agricultural in nature and the market value was not more than what was awarded. The Kinnu Trees which were found at the spot and also the crops were got evaluated from the experts and compensation had already been granted for the same.

4. Keeping in mind that 9 witnesses had been examined by the landowners and the evidence produced, a finding was recorded that the acquired land was within the municipal limits of Ellenabad and was in between the Railway Road and residential area of Ellenabad Town. The presence of factories across the Railway Line towards Nohar Road and the fact there was no other land near to the Ellenabad Town on this road was noticed. The portion of the acquired land namely Killa No.13 as per the site plan Ex.P10 and P11 was abutting the Nohar road and the rest was falling in the interior, which was having depth of 3 killas. The sale deed Ex.P12 to P14 produced by the landowners pertaining to 2 marlas of each, wherein the rate varied from Rs.20,000/- per marla to Rs.30,000/- per marla and the rate per square yard was coming out to Rs.694/- in one case and Rs.991 in the other case pertaining to sale deeds of 1991 and 1990, respectively also came on record. Vide the Collector rate Ex.P5 the rate on the Ellenabad-Kishanpura Road had been fixed @ Rs.700/- per square yard in the year 1992-1993, which was applicable from 01.04.1992. In similar circumstances Ex.P9 fixed the Collector rate from 1991-1992 between Rs.500 to 700 per square yard. Resultantly, a finding was recorded that the land was of great potentiality having commercial as well as residential character.

5. The sale deeds Ex.P12 to P14 of the year 1990-991 were rejected on the ground that they were of 60.5 square yards each and in the award large chunk of land was acquired which was 9.66 acres. Only a portion fell on the main road and the Collector rate for the interior was separate ranging from Rs.50/- to Rs.100/- per square yard for Harchand Ka Baas. The observations of the Collector in the award that the average sale price per acre for Chahi Land was Rs.6,