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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
State of Haryana – Appellant
Versus
Dharam Pal – Respondent
JUDGMENT :
HARKESH MANUJA, J.
1. Vide this common order, a bunch of 10 Regular First Appeals, details of which are given in the footnote of this judgment, are being decided as all the appeals have arisen out of common acquisition/Award involving common facts and question of law. For the sake of brevity, facts are being taken from RFA No.97-2004.
2. By way of filing the present appeal challenge has been laid to the Award dated 24.09.2003, passed by the learned Additional District Judge, Bhiwani, (hereinafter referred to as the ‘Reference Court’).
3. Briefly stating, 12.20 acres of land, situated within the revenue estate of Village Madhan, HB No. 98, Tehsil Tosham, District Bhiwani, was acquired by the Government of Haryana vide notifications dated 29.01.1997 and 03.04.1997, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, for “construction of 1-L Bhariwas Minor”. The Land Acquisition Collector (for short ‘the LAC’) vide award dated 30.10.1998 assessed the market value in respect of the acquired land as Rs.3,73,813/-, Rs.1,12,144/- as 30% compulsory acquisition charges, Rs.78,501/- as 12% per annum additional
Compensation for acquired land must be determined based on comparable market values and the advantages associated with location, without undue deductions for development costs.
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