JUDGMENT :

Harkesh Manuja, J.

This order shall dispose off present six appeals bearing RFA Nos. 7146 to 7148 of 2012; and RFA Nos. 3519 to 3521 of 2017 as the same arise out of common acquisition / award.

2. The appellants-landowners, by instituting the aforementioned appeals preferred under Section 54 of the Land Acquisition Act, 1894 (for short '1894 Act'), are seeking modification of the award dated 30.11.2011 passed by learned Additional District Judge, Rewari (hereinafter to be referred as 'Reference Court') for enhancement of compensation amount.

FACTS

3. Briefly, the facts are that in pursuance of Haryana Govt. Notification under Section 4 of the 1894 Act issued on 06.11.2006, followed by Notification dated 24.11.2006 under Section 6 thereof, the land measuring 4.52 acres, including the land of appellants, situated in the revenue estates of Villages Gokalgarh and Gindokhar, Tehsil & District Rewari, was acquired. The public purpose for acquisition of the land was stated to be for construction of Kishangarh Minor from K.M. 0.0.0 to 1.800 off taking K.M. 1.100/R of Budhpur distributory. The Land Acquisition Collector, (for short 'LAC'), vide Award No. 2, dated 16.03.2007, assessed the market value of acquired land @ Rs. 12,50,000/- per acre alongwith other statutory benefits.

4. Dissatisfied with the aforesaid Award, landowners / interested persons filed references under Section 18 of the 1894 Act, which were decided vide award dated 30.11.2011 by Reference Court, whereby the market value of the acquired land was enhanced / assessed @ Rs.20,00,000/- per acre besides granting statutory benefits.

5. Aggrieved thereof, the appellants preferred the present appeals seeking enhancement of compensation amount, which stood admitted vide orders dated 16.04.2018 & 27.02.2013 by this Court.

CONTENTIONS:

ON BEHALF OF APPELLANT(S)

6. Learned counsel for the appellant(s), while relying upon a decision dated 19.02.2016 passed by this Court in a batch of 29 appeals (out of which 21 appeals were filed by the State of Haryana while 08 appeals preferred by the landowners), lead case of which was RFA No. 7398 of 2011, titled 'State of Haryana and others Versus Ghisa Ram', submits that in relation to Notification under Section 4 of the 1894 Act issued on 04.04.2007 pertaining to the revenue estates of three villages situated near Rewari, namely, Aspur, Gokalgarh and Kaluwas, for acquisition of 8.859 acres of land, the market value was assessed at the uniform rate of Rs. 48,93,240/- per acre besides grant of other statutory benefits in favour of the landowners, and thus, similar compensation needs to be awarded in favour of the present appellants. He also points out that against the decision dated 19.02.2016 passed in Ghisa Ram's case (supra), even the Special Leave to Appeal (C) No. 7143-7163 of 2017, titled 'State of Haryana Versus Ghisa Ram etc.', preferred at the instance of State of Haryana, was dismissed by the Hon'ble Apex Court vide order dated 05.04.2023 and thus, the said decision having attained finality needs to be relied upon for enhancement of market value in the present facts.

ON BEHALF OF STATE OF HARYANA

7. On the other hand, learned counsel for the respondents-State of Haryana vehemently submits that the appellants-landowners cannot be permitted to travel beyond the evidence led by them before the Reference Court. While referring to the same, he submits that even as per the documentary evidence produced by the landowners in the shape of sale-deeds Ex. PW-8/3 to Ex. PW-8/6, the maximum market value of the land as on the date of notification under Section 4 of the 1894 Act was around Rs.23 lakhs per acre; that too when the sale exemplars were of small plots and thus, considering the aforesaid, the market value fixed by the Reference Court at the rate of Rs. 20 lakhs per acre was just and fair. The details of Ex. PW-8/3 to Ex. PW-8/6 being relevant are as under:-