Back
2020 Supreme(P&H) 1658
IN THE HIGH COURT OF PUNJAB AND HARYANA
G.S. Sandhawalia, J.
State Of Haryana And Another - Appellant
Versus
Smt. Chando Devi And Others - Respondent
RFA No. 3946 of 2016 and other connected cases
Decided On : 06-02-2020
Mr. Sudeep Mahajan, Addl. AG, Haryana., Ms. Vibha Tewari, AAG, Haryana., for the Appellant; Mr. R.A. Sheoran, Advocate, Mr. Parmod Parmar, Advocate, Mr. Vikrant Rana, Advocate and Mr. Surinder Singh, Advocate for the landowners
The main legal point established in the judgment is the proper assessment of market value for acquired land, including the relevance of sale exemplars, the admissibility of sale deeds, and the determination of market value by expert committees.
Headnote:
Land Acquisition Act - Appeals - Section 54 of the Land Acquisition Act, 1894 - Summary of Acts and Sections: The court discussed the provisions of Section 4 of the Land Acquisition Act, 1894 and the principles of assessing market value based on sale deeds and expert committee reports. The court also referred to legal principles established in various judgments regarding the relevance of sale exemplars, auction sale deeds, and the determination of market value by expert committees.
Fact of the Case:
The appeals were filed under Section 54 of the Land Acquisition Act, 1894, against the Awards passed by the Reference Court. The land was acquired for the construction of S.S. Tanks for Water Supply Scheme Dadri Town and the Disposal and Sewerage Treatment Plant (STP) of Charkhi-Dadri Town. The compensation awarded by the Land Acquisition Collector was enhanced by the Reference Court, leading to appeals by both landowners and the State.
Finding of the Court:
The court found that the Reference Court had wrongly calculated the market value based on sale deeds and reports, and made determinations without proper basis. The court allowed the appeals of the landowners to the extent of fixing the market value at Rs.25,41,000/- per acre for the first notification and Rs.28,45,920/- per acre for the second notification. The State appeals were dismissed.
Issues: The issues involved the assessment of market value for the acquired land, the relevance of sale exemplars, and the basis for enhancing compensation. The court also addressed the admissibility of certain sale deeds and the determination of market value by expert committees.
Ratio Decidendi: The court's decision was based on the incorrect calculation of market value by the Reference Court, the relevance of sale exemplars, and the principles established in various judgments regarding the determination of market value and the admissibility of sale deeds.
Final Decision: The court allowed the appeals of the landowners to the extent of fixing the market value at Rs.25,41,000/- per acre for the first notification and Rs.28,45,920/- per acre for the second notification. The State appeals were dismissed.
JUDGMENT
G.S. Sandhawalia, J. (Oral). - The present order shall dispose off above referred 49 appeals filed under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act'), by both landowners and the State, which are directed against the Awards dated 17.07.2015 and 11.08.2015 passed by the Reference Court, Bhiwani.
2. In the appeals arising out of the Award dated 17.07.2015, which are pertaining to the first notification dated 22.03.2010 issued under Section 4 of the Act, the land was acquired measuring 169 kanals 14 marlas (20 acres approximately) falling in village Kapoori, Tehsil Dadri, District Bhiwani. The public purpose was for the construction of S.S. Tanks for Water Supply Scheme Dadri Town.
3. The Land Acquisition Collector (LAC) vide Award dated 03.06.2011 awarded a sum of Rs.15 lakhs per acre. The Reference Court had enhanced the compensation to Rs.25 lakhs per acre alongwith all statutory benefits. Reliance was placed upon the sale deeds Ex.P2 measuring 10 marlas and Ex.P4 measuring 2 marlas, whereby land had been sold in the range of Rs.36,30,000/- and Rs.19,60,000/- per acre, but wrongly calculated at Rs.39,52,666/- per acre. The sale deeds were executed on 11.03.2010 & 10.02.2009 and were of the same village. Reliance was placed upon the report of the Divisional Committee headed by the Commissioner, Hisar Division, Hisar (Ex.RWl/C) dated 04.12.2010, wherein the market value of the land had been assessed @ Rs.25 lakhs per acre for Nehri-Chahi land and Rs.19 lakhs per acre for Barani land.
Facts of the 2 nd notification
4. Similarly, by the notification dated 25.04.2011 issued under Section 4 of the Act land measuring 41 kanals 8 marlas was acquired for the public purpose for construction of the Disposal and Sewerage Treatment Plant (STP) of Charkhi-Dadri Town at village Kapoori. The Collector had awarded a sum of Rs.18 lakhs per acre which was Rs.3 lakhs more for the land, which had been enhanced to Rs.30 lakhs per acre by the Reference Court vide Award dated 11.08.2015, which is also subject matter of appeal by both landowners and the State.
5. The reasoning given in the said award was also that on an earlier occasion land had been valued @ Rs.15 lakhs per acre and thereafter within one year the value has increased to Rs.18 lakhs per acre and also keeping in view the Award dated 17.07.2015 of the earlier acquisition dated 22.03.2010, main case of which was LAC No.351 of 2012 Smt. Chando and others Vs. State of Haryana and another', which was taken on record as Mark X, the market value was accordingly enhanced to Rs. 30 lakhs per acre.
6. Counsel for the landowners has primarily relied upon the other sale deeds out of which Ex.P6 is common in both the set of appeals for the two notifications to claim further enhancement whereby land measuring 26 kanals vide sale deed dated 25.04.2011 had been sold @ Rs.85 lakhs per acre to Radha Swami Satsang Bias. Similarly reliance upon the sale deed dated 02.12.2008 (Ex.P7) is also placed upon to submit that the market value was in the range of Rs.40 lakhs per acre whereby 5 kanals 12 marlas had been sold. The relevant sale deeds are as under:-
| Sr. No. | Exbt. | Date | Area | Sale consideration | Rate Per Acre |
| 1. | PI | 20.10.2009 | 200 sq.yds, Village Kapoori | Rs.80,000/- | Rs. 19,36,000/- |
| 2. | P2 | 11.03.2010 | 300 sq. yds Village Kapoori | Rs.2,25,000/- | Rs.36,30,000/- |
| 3. | P3 | 21.07.2009 | 1 kanal (600 sq.yards) Village Kapoori | Rs.2,40,000/- | Rs. 19,20,000/- |
| 4. | P4 | 10.02.2009 |
| ||
