2018 Supreme(P&H) 4747

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. Sandhawalia, J.
Kali Charan - Appellant
Versus
State Of Haryana And Another - Respondent
RFA No. 1935 of 2009, RFA Nos.2259 to 2263 of 2010, RFA Nos. 191 to 229 of 2011 & RFA No. 1674 of 2012, RFA Nos.2960 to 2972, 3216 to 3226, 3567, 4518 of 2009, RFA Nos. 826, 2862 to 2865, 5152, 5191, 5218 of 2010, RFA Nos.4502, 4833 to 4835 of 2011, RFA Nos.911, 1962, 4933 to 4936 of 2012, RFA No.7224 of 2013, RFA Nos.3653 & 8187 of 2014, RFA Nos.1624 to 1685, 1865 to 1869, 2088 of 2010, RFA Nos. 2783 to 2800, 4113 to 4115, 4249, 4297 to 4311, 4465 to 4468, 4670 to 4673, 4896, 4897, 4969, 4970, 5038 to 5040, 5113 & 5436 of 2010, RFA Nos.2231, 2341, 2343, 3474, 4810, 4811, 7883, 7884 of 2011, RFA No.985, 995, 1351 of 2016, RFANos.1762 to 1778, 1844, 1845, 4995 to 5012 of 2009, RFA Nos.687 to 705, 709 to 727 of 2010, RFA Nos.941 to 951, 1934 to 1937, 1996 to 2007, 2046, 2047, 2793, 2794, 2848, 2849 of 2009, RFA No.5570 of 2010, RFA Nos. 825 and 2411 of 2010, RFA No.1228 of 2011, RFA No. 6290 of 2012
Decided On : 13-12-2018

Headnote:

JUDGMENT G.S. Sandhawalia- J. - The present judgment shall dispose of 338 appeals i.e. 188 filed by State and 148 filed by the landowners arising out of four notifications i.e. notification dated 26.06.1998 for the land falling in village Chowki, Hadbast No.198, notification dated 27.03.2001 for the land falling in village Nada, Hadbast No. 199 and appeals arising out of notifications dated 08.12.2003 and 21.01.2004 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') for the land falling in village Jhuriwala, Hadbast No.230, which all fall in District Panchkula.

Fact of the Case:

The present set of appeals, filed under Section 54 of the Act, both by the State and the landowners, arise out of the notification dated 26.06.1998, issued under Section 4 of the Act, whereby land was acquired for the purpose of recreation, public and semi-public purpose, for setting up of Sector 32, Panchkula, by Haryana Urban Development Authority (HUDA).

Finding of the Court:

The Reference Court, vide award dated 10.03.2009, while deciding 39 references awarded a sum of Rs.662/- per sq.yard (Rs.31,04,080/- per acre) for the land falling in Village Chowki, Hadbast No.198. The facts are being taken from RFA No.3222 of 2009 State of Haryana and others Vs. Jagpal Singh and others'. The subsequent Awards dated 18.12.2008, 10.03.2009, 02.06.2009, 21.12.2009, 23.01.2010, 28.01.2010, 05.02.2010, 06.02.2010, 13.5.2010, 04.09.2010, 22.09.2010, 09.11.2010, 15.11.2010, 11.06.2012, 06.03.2013, 14.05.2013 & 16.12.2013 have only followed the first Award dated 10.03.2009, The rationale behind assessing the market value of the land acquired was that for the adjoining Village Kharak Mangoli, falling in District Panchkula, land had been acquired on 02.07.1985 @ Rs.250/- per sq.yard. Therefore, by giving cumulative enhancement, to the extent of 165%, for the intervening 13 years, the market value was determined, keeping in view the location and potentiality of the land and for thepurpose for which it was acquired. Resultantly, the State has questioned the rationale and the basis of the enhancement, by applying the said formula, by holding out that the same is not justified and the sale deeds were the best exemplars which were to be kept in mind, while determining the market value on the date of the Section 4 notification and has prayed for setting aside the said award.

Issues: Whether the Reference Court was justified in not relying upon the awards of village Jhuriwala and Bana Madanpur and earlier acquisition made on 04.05.1995 wherein the amount has been assessed @ Rs.746/- per sq.yard.

Ratio Decidendi: The Apex Court in 'Land Acquisition Collector, Eluru Vs. Smt. Jasti Rohini' 1995 (1) SCC 717 to submit that future development is not a aspect to be considered and kept in mind and, accordingly, reference is made to the site plan to submit that this area is surrounded by forest by both sides and was comprising of ditches and the road was leading to Morni, the hill station. Resultantly, reliance was placed upon the judgment of the Apex Court passed in 'Indian Drugs & Pharmaceuticals Ltd. Vs. Workmen, Indian Drugs & Pharmaceuticals Ltd., (2007) 1 SCC 408 to submit that every judgment would not be a precedent and only where the law was laid down the same was to be kept in mind and meredirections as such were not to be considered as binding precedent. He, accordingly, submitted by placing reliance upon 'Ram Kanwar and others Vs. State of Haryana and another' 2015 (1) RCR (Civil) 234 that the sale deeds were the best piece of evidence and similarly, the judgment in Civil Appeal No.586 to 591 Ram Avtar and others Vs. The State of Haryana and others' decided on 20.09.2017 was also relied upon.

Final Decision: The appeals filed by the landowners are allowed and those of the State are dismissed. The market value is worked out @ Rs.943.20 per square yard (Rs.45,65,088/-per acre) alongwith all statutory benefits. For the notification dated 27.03.2001 for the land acquired in village Nada the appeals filed by the State are dismissed and those of landowners are allowed. The amount is assessed @ Rs. 1,290/- per square yard (Rs.62,43,600/- per acre) alongwith all statutory benefits. For the notification dated 08.12.2003 and 21.01.2004 the appeals filed by the landowners are allowed and those of State are dismissed. The market value is assessed @ Rs.1403.27 per square yard (Rs.67,91,826.80 per acre) alongwith all statutory benefits.