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2018 Supreme(P&H) 3107

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. Sandhawalia, J.
Ashok Khurana - Appellant
Versus
State Of Haryana - Respondent
Regular First Appeal No. 82 of 2002
Decided On : 17-01-2018

Advocates Appeared:
Harkesh Manuja, Adv., Sudeep Mahajan, Adv., Sandeep Punchhi, Adv.

The main legal point established in the judgment is the assessment of market value under Section 18 of the Land Acquisition Act, 1894, and the influence of previous valuations and dismissals of cross appeals on the court's decision.

Headnote:

Land Acquisition Act - Assessment of Market Value - Section 18 - [LAND ACQUISITION] - [Section 18 of the Land Acquisition Act, 1894] - The court discussed the assessment of market value of the land in question and the relevant rates assessed by the Reference Court and the Collector. The court also referenced an earlier case where the valuation of the entire acquired land was determined at a specific rate with statutory benefits. The court's decision was influenced by the previous valuation and the dismissal of cross appeals seeking reduction of compensation, ultimately pegging the market value at a specific rate.

Fact of the Case:

The appeals involved the assessment of market value of the land in question under Section 18 of the Land Acquisition Act, 1894. The Reference Court had assessed the market value at a specific rate based on previous cases and notifications.

Finding of the Court:

The court found that the market value of the land had already been pegged at a specific rate in previous cases, and the land owners were entitled to compensation along with statutory benefits at the same rate. The appeals filed by the State seeking reduction of compensation were dismissed.

Issues: The issues included the assessment of market value, valuation of acquired land, damages on account of severance, and apportionment between the tenant and the land owner.

Ratio Decidendi: The court's decision was influenced by the previous valuation of the entire acquired land at a specific rate with statutory benefits, and the dismissal of cross appeals seeking reduction of compensation. The court also considered the issue of severance and remanded one appeal for fresh decision on the entitlement of the claimants for severance of the land.

Final Decision: The appeals of the land owners were allowed by enhancing compensation to a specific rate with statutory benefits, while the appeals filed by the State seeking reduction of compensation were dismissed. One appeal was remanded for fresh decision on the entitlement of the claimants for severance of the land.

JUDGMENT

G.S. Sandhawalia, J —The present judgment shall dispose of 8 appeals i.e. RFA Nos.82, 659 and 1942 of 2002; 5793 of 2001; 111, 2520, 2646 of 2003; 192 of 2006 and 3060 of 2007 filed both by the State and by the land owners seeking reduction and enhancement respectively since the Reference Court decided the petition under Section 18 of the Land Acquisition Act, 1894 (in short 'the Act') on 28.08.2001 and 13.10.2001, 28.08.2001, 18.12.2001 28.09.2002, 24.03.2003 and 22.10.2005. Facts are being taken from RFA No. 82 of 2002, Ashok Khurana vs. State of Haryana.

2. In principle, the Reference Court, in all the cases, has assessed the market value of the land in question @ Rs.178.40 per square yard which translates to Rs. 8,63,456/- per acre. The reasoning given by the Reference Court is that on an earlier occasion on 31.07.2001, the award had been passed in similar circumstances in L.A. Case No. 123 of 1997 titled as Suresh Kumar vs. State of Haryana. The notification in question under Section 4 dated 02.03.1993 is common to the set of cases for acquisition of land in the revenue estate of village Taraf Afgan, Malik Ugra Kheri and Ugra Kheri at Panipat was, thus, the exemplar relied upon by the Reference Court to follow the earlier view taken to peg the market value at the above mentioned rate. The Collector, vide the award dated 28.02.1996, had assessed the market value of the 3 villages at the following rates:-

"Sr.No.

Name of village

Kind of land

Rate D(Per acre)

1.

Taraf Afgan

Chahi

6,00,000/-

2.

Malik Ugrakheri

Chahi

4,00,000/-

 

Barani

3,50,000/-

 

Gair Mumkin

2,75,000/-

3.

Ugra Kheri

Chahi

4,00,000/-

 

Barani

3,50,000/-

 

Gair Mumkin

2,75,000/-"

3. The said rates, as noticed, have been enhanced by the Reference Court on an earlier occasion in Suresh Kumar's case and respectively followed thereafter.

4. It is not disputed that in an earlier bunch of 158 cases, the lead case of which was RFA No. 4778 of 2001, Daljeet Singh vs. State of Haryana and another decided on 03.02.2010, the Co-ordinate Bench assessed the valuation of the entire acquired land @ Rs.206 per square yard with all statutory benefits. The relevant portion reads thus:-

"The relief granted to the land owners in this bunch of appeals is summed up as under:-

(i) As far as valuation of entire acquired land is concerned, the same is determined at Rs. 206/- per square yard with all statutory benefits thereon.

(ii) The claim regarding damages on account of severance is rejected.

(iii) The Land owners in RFA Nos. 938 and 940 of 2002 have been held entitled to compensation for the acquired land to the extent, the amount has been spent on the purchase thereof plus 9%, on account of time gap along with statutory benefits.

(iv) Claim regarding damages under Section 48 of the Act is rejected.

The appeals and cross-objections are disposed of accordingly."

5. In such circumstances, even four cross appeals filed by the State of Haryana seeking reduction of compensation was dismissed on 06.11.2015, the lead case of which is RFA No. 5120 of 2001, State of Haryana and another vs. Krishan Kanihya and others. Similarly, the cross appeal of the State against the land owner Ashok Khurana was also dismissed in RFA No. 921 of 2002, State of Haryana and another vs. Ashok Khurana on the same date. The matter had been taken to the Apex Court by the State of Haryana in Daljeet Singh's case and the Civil Appeal No. 7493 of 2010 has also been dismissed on 04.12.2014. Resultantly, it is apparent that the market value has already been pegged at Rs.206 per square yard and, therefore, the land owners are entitled for the compensation alongwith statutory benefits in the same terms as Daljeet Singh's case.

6. Mr. Sandeep Punchhi, Advocate for Punjab Wakf Board also could not point out any f

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