IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. Sandhawalia, J.
Rampal And Others (Ii) - Appellant
Vs.
Land Acquisition Collector And Another - Respondents
Regular First Appeal No. 7108 of 2012
Decided On : 31-05-2019
JUDGMENT :
G.S. Sandhawalia, J.
The present judgment shall dispose of 939 appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act'), out of which 809 are filed by the landowners and 130 filed by the State alongwith 4 cross-objections. The three notifications under Section 4 of the Act in question are dated 01.05.2006, 07.02.2008 and 14.08.2008. Vide the first notification the land was acquired for development and utilisation thereof as residential and commercial areas in Sectors 75 and 80, Faridabad. Thereafter, vide second notification the land was acquired for development of residential and commercial areas in Sectors 76, 77 and 78, Faridabad and vide third notification the land was acquired for the Master Plan Roads of Sector 75 to 89, Faridabad.
2. It is pertinent to mention that the matters have come on remand from the Apex Court, after the matters had been decided by a Coordinate Bench of this Court on 16.09.2015 in 'Rampal and others Vs. Land Acquisition Collector and another, (2016) 1 RCR(Civil) 494'. The reason for remand primarily was that this Court had relied upon judgment dated 03.09.2014 passed in RFA No.2075 of 2012 Sohan Lal and another Vs. State of Haryana and others', which was also pertaining to District Faridabad and whereby the land of adjacent villages was acquired for the purpose of development of the Industrial Model Township. The said notification was of 31.07.2006 and pertaining to villages Sotai, Nawada Tigaon, Mujeri, Machgar and Chandawali.
3. Resultantly, while noticing that there was no difference in location of the land acquired which forms part of Sectors 68 and 69, as Sectors 75 and 80 for which the land in question was acquired and Sectors 68 and 69 are located beyond Agra Canal from the city of Faridabad in parallel line, it was held that there were no special advantages or disadvantages attached to both the lands. Therefore, the same amount was granted for the first notification dated 01.05.2006 @ Rs.1,230/- per square yard by enhancing it from Rs.585/- per square yard as granted by the Reference Court. Thereafter, for the second notification dated 07.02.2008 20% enhancement was granted for the time gap of 1 year and 9 months to grant the compensation @ Rs.1,700/- per square yard. Similarly, for the third notification dated 14.08.2008, keeping in view the time gap of 6 months, compensation was enhanced to Rs.1,870/- per square yard. However, for the notification dated 14.08.2008 the land which fell within the municipal limits and had more potential 15% increase was granted and, accordingly, Rs.2,000/- per square yard was granted.
4. The Apex Court while remanding the matters in Civil Appeal No (s).21014-21016 of 2017 Premwati & others Vs. State of Haryana and another' decided on 06.12.2017, came to the conclusion that the sale deeds had not been taken into consideration and there was no discussion or finding with regard to the relevance or reliability of the same to deny the claim and, therefore, the discussion of the exemplars had not taken place in support of higher compensation. It was further noticed that the said exercise had resulted in reducing the compensation in cases of some villages. The said village was namely Baselwa wherein Rs.2900/- per square yard had been assessed at the first instance by the Reference Court. The peculiar features of each case and the evidence adduced had to be gone into regarding the location, condition and value etc. of the land involved and, thus, the matters have been remanded for fresh disposal. The relevant part of the abovesaid order reads as under:-
"11. Before parting, we would like to say that clubbing of cases of different villages for disposal by one common judgment has the potential, as has been demonstrated in the present case, of overlooking the peculiar features of each case and the evidence adduced with regard t
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