IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Ishwar Singh & Ors. – Appellants
Versus
State of Haryana & Ors. – Respondents
RFA-3096 of 2015 (O&M)
Decided On : 06-01-2023
| Table of Content |
|---|
| 1. details of land acquisition and awarded amounts. (Para 1 , 2 , 3) |
| 2. arguments regarding market value assessment. (Para 4) |
| 3. established guidelines for market value assessment. (Para 5) |
| 4. final judgment and outcome of appeals. (Para 6) |
JUDGMENT
Mr. Anil Kshetarpal, J.
Introduction and background:
While praying for modification of the market value assessed in two different awards passed by the Reference Court (hereinafter referred to as 'the RC') on account of involuntary acquisition of the land, the landowners as well as Haryana State Industrial and Infrastructure Development Corporation (hereinafter referred to as 'the HSIIDC') have filed this batch of appeals (details whereof are at the foot of the judgement). The notification under section 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as 'the 1894 Act') are common. Though, separate awards were passed by the Land Acquisition Collector (hereinafter referred to as 'the LAC') as well as RC, however, identical market value has been assessed with respect to the acquired land in both the villages. The total acquired land is in a compact parcel of land which has been acquired for an identical purpose. The evidence led by the parties is also overlapping. The learned counsel representing the parties are ad idem that this batch of appeals can conveniently be disposed of by a common judgement.
1.2 The relevant particulars of this batch of appeals, in brief, are as under:
| Sr. No. | Particulars | Relevant Date |
| 1. | Preliminary notification under Section 4 of the 1894 Act | 25.11.2005 |
| 2. | Area of acquired the land | 356K-16M (in village Khoh) and 785K-11M (in village Kasan) |
| 3. | Location of acquired the land | Village Khoh and Kasan |
| 4. | Purpose of acquisition | Setting up of Chaudhary Devi Lal Industrial Model Township, to be planned and developed as integrated complex for industrial, residential, recreational and other public utilities. |
| 5. | Declaration under Section 6 of the 1894 Act was issued. | 24.11.2006 |
| 6. | Date and number of LAC award | Award No.7 and 8 dated 24.02.2007 |
| 7. | Amount assessed by the LAC | The LAC offered to pay the market value of the acquired land measuring 102 kanals and 16 marlas at the rate of Rs.12,50,000/- per acre. |
| 8. | Date of RC's award | 14.01.2015 |
| 9. | Amount assessed by the RC | While deciding 20 reference petitions, the RC assessed the market value of the acquired land in village Khoh at the rate of Rs.61,62,583/- per acre. |
| 10. | Date of RC's award | 10.02.2015 |
| 11. | Amount assessed by the RC | While deciding 30 reference petitions, the RC assessed the identical market value, of the acquired land in village Kasan @ Rs.61,62,583/- per acre. |
1.3 It may be noted that from reading of both the awards passed by the LAC, it is evident that in village Khoh, the acquired land comprises in Rectangle No.22, 23, 24, 25 and 26, whereas, in village Kasan it comprises in Rectangle No.109, 110, 111, 113, 114, 115 and 116 and the passage comprises in Khasra No.302, 671, 672, 674, 676, 677 and 678.
Facts:
1.4 Dissatisfied with the amount offered by the LAC for involuntary acquisition of the land, on the applications filed by the landowners, the matters were referred to the RC. The landowners claimed that the acquired land is located near the Industrial Model Township, Manesar and the industrial units have already been developed nearby. The learned counsel representing the landowners contends that the LAC, while assessing the market value, has not taken into consideration the prevailing price of the land which was not less than Rs.4,00,00,000/- per acre.
1.5 On the other hand, the learned counsel representing the HSIIDC has submitted that the LAC has already assessed the market value of the acquired land on the higher side and in fact, the acquired land is agricultural in nature which could not be used for any
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