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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Sant Ram & Anr.. - Appellant
Versus
State Of Haryana & Ors. – Respondents
RFA-6193-2015(O&M)
Decided On : 17-02-2022
Land Acquisition - Development of Sector 31 - Land Acquisition Act, 1894 - Section 54 - Summary of Acts and Sections: Land Acquisition Act, 1894, Section 4, Section 6 - The court discussed the market value of the acquired land at the time of issuance of notification under Section 4, entitlement to enhanced compensation, estoppel from filing the petitions, limitation, and relief. The court evaluated the evidence produced by the respective parties and addressed the arguments presented by the learned counsels. The court discussed the meaning of various words/phrases/expressions used while referring to the size of a unit of agricultural land prevalent in the State of Haryana and evaluated the sale deed exemplars produced by both parties. The court also discussed the case laws relied upon by the learned counsels and concluded by allowing the appeals filed by the landowners and increasing the price of the land to Rs.33,32,500/- per acre.
Fact of the Case:
The State of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894, for the development of Sector 31 for residential purposes. The landowners contested the compensation amount for the acquired land, presenting evidence and sale deed exemplars. The court evaluated the evidence and arguments presented by the parties.
Finding of the Court:
The court found that the sale deed exemplars produced by the landowners were comparable and relevant for assessing the market value of the acquired land. The court concluded that the deduction applied by the Reference Court was not justified and increased the price of the land to Rs.33,32,500/- per acre.
Issues: The market value of the acquired land, entitlement to enhanced compensation, estoppel from filing the petitions, limitation, and relief.
Ratio Decidendi: The court concluded that the deduction applied by the Reference Court was not justified and increased the price of the land to Rs.33,32,500/- per acre.
Final Decision: The appeals filed by the landowners were allowed, and the market value of the acquired land was increased to Rs.33,32,500/- per acre.
JUDGMENT
Anil Kshetarpal. J. - INTRODUCTION
1.1 This batch of Regular First Appeals (details whereof are at the foot of the judgment) has been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act"), assailing the correctness of the various awards passed on 29.05.2015, 07.05.2018 and 16.03.2019 by the Reference Court (hereinafter referred to as "RC"). The Notification under Section 4, 6 and the award passed by the Land Acquisition Collector (hereinafter referred to as "LAC") are common. The RC has assessed the same amount of compensation for compulsory acquisition of the land by three different awards as noted above. The learned counsel representing the parties are ad idem that these appeals can be conveniently disposed of by a common judgment.
2. FACTS
2.1 In order to develop Sector 31 (the residential and the institutional Sector), the State of Haryana, on 15.12.2006, issued a Notification under Section 4 of the 1894 Act, with respect to the land measuring 402.41 acres, whereas, ultimately only 196.71 acres of land was acquired.
2.2 The relevant particulars of the acquisition are compiled in a tabulated form as under:-
Sr. No. | Title | Details |
1. | Date of Notification under Section 4 of the 1894 Act, and, area of the land. | 15.12.2006, Area-402.41 acre. |
2. | Date of declaration under Section 6 of the 1894 Act, and, area of the land. | 14.12.2007, Area-228.41 acre |
3. | Purpose of Acquisition | Development of Sector 31 for residential purposes for the Public. |
4. | Location of the land, village, Tehsil and District. | Village Bohar, Tehsil and District Rohtak, Haryana. |
5. | Number and date of the Award of the Land Acquisition Collector. | Award No. 40, dated 11.12.2009. The acquired land is comprised in Rectangle Numbers 216, 217, 218, 227, 228, 229, 230, 250, 251, 252, 253, 260, 261 and 262. |
6. | Amount assessed by the LAC. | Rs.20,00,000/- per acre. |
7. | Number and date of the judgment of the RC. | LAC Case No.617 of 2010 Date of decision:-29.05.2015 LAC case No.2 of 2017 Date of Decision 07.05.2018 LAC case No.182 of 2018 & LAC case No. 194 of 2018 Date of Decision 16.03.2019 |
8. | Amount assessed by the RC. | Rs. 21,84,000/- per acre. |
9. | Deduction/cut applied by the RC, if any. | 32% |
2.3 The landowners have projected that the acquired land is located in an already developed area. It has been asserted that the acquired land not only falls in the National Capital Region but also adjoins Rohtak-Delhi Road. It has further been asserted that in the city of Rohtak, many Universities, Colleges, Radio Station, Industrial Model Township etc. are located. The potential value of the acquired land is very high as the Institutions like MR DAV College, Scholars Rosary Senior Secondary School, Banquet halls, Radha Soami Satsang Ghar and other buildings are located near the acquired land. Baba Mastnath Ayurvedic College, Engineering College, Hospital, Tilyar Lake are also located nearby. The private Real Estate developers namely Omaxe, Suncity and Parsavnath have started developing their colonies and they have offered to purchase the land from the landowners at the rate of Rs.1,50,00,000/- per acre. On the other hand, the State of Haryana has taken a stand that the market value of the acquired land has been assessed by the LAC on the basis of the report of a multi-member high power committee. The Government has also prepared a comprehensive rehabilitation policy/annuity scheme for the benefit of the farmers under which they will be paid annuity for a period of 33 years over and above the usual compensation for the acquired land. The amount of the annuity will be Rs. 15,000/- per annum which shall increase by a fix sum of Rs.500/- every year.
2.4 The Reference Court, on examination of the pleadings, culled out the following issues :-
"(1) What was the market value of the acquired land at the time of issuance of notification under Section 4 of the Land Acquisition Act, 1894? OPP
(2) Whether the petitioners are entitled to any amount as enhanced compensation as alleged, i
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
The market value of acquired land should be assessed based on the comparable sale exemplars of the contemporaneous period with respect to the parcels of land, either forming part of the acquired land....
The court's assessment of market value should be based on direct evidence, such as sale deeds, and should consider the comparability of the evidence presented. The court should not rely on judgments ....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
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