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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Bharat Petroleum Corporation Limited (Deceased) Through Her Lrs. – Appellant
Versus
Wati (Deceased) Through Her Lrs. – Respondent
HARKESH MANUJA, J. (Oral)
[1]. Vide this common order, RFA Nos.2799, 1994, 2604, 2800, 2801, 2802, 2831, 3122, 3123, 3124, 3125, 3214 of 2016 and 279, 280 and 281 of 2012 (O&M) are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law.
[2]. By way of present appeal(s), challenge has been laid to the Award dated 16.02.2016 passed by the Addl. District Judge, Faridabad (hereinafter to be referred as the ‘Reference Court’), whereby Reference Petition filed under Section 18 of the LAND ACQUISITION ACT , 1894 (for short ‘the Act’) at the instance of landowners was partly allowed while granting them market value of Rs.745/- per sq. yard as on 11.10.2004 i.e. the date of publication of notification under Section 4 (1) of the Act qua the acquired land besides awarding all other statutory benefits/interest in their favour.
[3]. Briefly stating, in the present case(s), land owned by the appellant/landowners situated within the revenue estate of village Patti Piyala, Hadbast No.54, Tehsil Ballabhgarh District Faridabad, came to be acquired vide Notifications dated 11.10.2004 and 30.12.2004 issued under Sections 4 & 6 of the Act
The court modified the market value of acquired land to Rs.780 per sq. yard, emphasizing the need for proper factual assessment and justification in land valuation under the Land Acquisition Act.
Acquisition of land – Old sale-deeds cannot be determinative of assessment of market value of land under acquisition.
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
Fair market value for compensation in land acquisition should prioritize genuine sales; reliance on consent awards must be circumspect unless aligned in circumstances.
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....
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