The main legal point established in the judgment is the assessment of market value for compensation under the Land Acquisition Act, considering the location, potentiality, and admissibility of evidence.

JUDGMENT

G. S. Sandhawalia, J —The present judgment shall dispose of 28 appeals bearing RFA549, 250 to 254-2011, RFA-1245 to 1258, 1266, 1751, 1752, 1816, 2560 & 4104-2006, under Section 54 of the Land Acquisition Act, 1894 (for short, the 'Act'), filed by the land-owners, directed against the Reference Court award dated 30.11.2005 and 18.05.2010, passed by the Addl.District Judge, Kaithal, under Section 18 of the Act.

2. The Reference Court enhanced the compensation to Rs.3,58,000/- per acre from Rs.3,50,000/-, which was awarded by the Land Acquisition Collector, vide award dated 28.06.2002. The acquisition was of 52.48 acres of land in village Patti Chaudhary, Kaithal, Hadbast No.20 and was initiated on 20.10.2000 under Section 4. Section 6 notification was dated 11.10.2001 and the land was acquired for the purpose namely, for the development and utilization of the land to set up a Transport Nagar at Kaithal under the Haryana Urban Development Authority Act, 1977. The claim was rejected by holding that the land was acquired vide the same notification and to grant the same amount of compensation, which is allegedly for the same purpose, the Reference Court has relied upon the earlier award dated 30.09.2005.

3. In the objections raised by the land-owners, the plea taken was that the Collector had failed to appreciate the fact that the land was situated within the Municipal limits of the Municipality and surrounded by residential, commercial and industrial area. HUDA had carved out Model town at Jind Road, Kaithal about 20 years back, which was just adjacent to the land in question and now the entire colony had been occupied by the house owners. They had constructed their houses over the plots in that colony and the value of the plots in the said colony was not less than Rs.5000/- per sq.yards. New Anaj Mandi was constructed about 6 months ago and the vacant plots of the shops in the Mandi having area of 60 sq.yards had been sold for a sum of Rs.33 lacs. There were Government offices, godowns, plinths, factories near the land in question and it was used for commercial and residential purposes and its value was not less than Rs.2000/- per sq.yards.

4. The same was contested by way of filing written statement in the prescribed performa, denying the allegations.

5. The Reference Court, after discussing the evidence on record, came to the conclusion that on an earlier occasion, the Reference Court had decided a bunch of 27 cases, vide order dated 30.11.2005 in the case titled Kehar Singh Vs. State of Haryana & others, and the market value of the land had been assessed @ Rs.3,58,000/- per acre along with solatium and statutory benefits. Accordingly, it came to the conclusion that the compensation @ Rs.3,50,000/- along with 12% interest and statutory benefits will amount to Rs.5,25,882.20. The relevant para of the reasoning which had been adopted, reads as under:

"20. Rebutting his arguments, learned Govt. Pleader has argued that the aforesaid land in the sale deed Ex.P5 has been sold for Rs.10/- lacs per acres on 2002 while notification of the suit land was effected on 2000 and hence, sale deed of the year 2000 shall be relevant in the present case. In the nearby area of the suit land, land was acquired for the construction of Kheri Sheru minor by the State Government, for the acquired land, market value was assessed Rs.3,58,000/- per acres in LA Case No.15 of 2004 decided on 30-9-2005 in case titled Kehar Singh etc. Vs. State of Haryana etc. by this court. Hence, in the present case, also, taking support from that judgment of Kehar Singh Vs. State of Haryana, decided on 30-9-2005, from the court of undersigned in LA Case No.15 of 2004, market value of acquired land is assessed to be Rs.3,58,000/- per acre instead of Rs.3,50,000/- per acre alongwith solatium and stutory benefits and interest. Even otherwise, compensation at the rate of Rs.3,50,000/- alongwith 12 per cent interest and statutory benefits also will amount to Rs.5,25,882