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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Rajbir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARKESH MANUJA, J.
Vide this common order, a batch of 3 connected appeals shall stand disposed of, details whereof is provided in the footnote of the judgment. For convenience, the facts are drawn from RFA-91-2019.
By way of present appeal, challenge has been laid to the judgment dated 12.10.2018 passed by the learned Additional District Judge, Gurugram, whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) by the appellants-landowners, seeking enhancement of compensation was partly allowed.
2. Briefly stating, land measuring 0.53 acres, situated within the revenue estate of Village Tikampur, Hadbast No.54, District Gurgaon was acquired for development and utilization of land for (left out pocket) 150 meter wide periphery road linking Dwarka Township Delhi from Haryana Boundary to NH-8 near Kherki Daula vide notifications issued under Section 4 dated 05.01.2012 and Section 6 dated 10.07.2012 of the Act. The Land Acquisition Collector (for short ‘LAC’) passed Award No.49 dated 22.03.2013 assessing the market value at the rate of Rs.1,25,00,000/- per acre along with other statutory benefits.
3. The appell
The court established that compensation for land acquisition must reflect current market conditions and timely disbursement is crucial to ensure just compensation.
The court considered the similarity with a previous case to determine entitlement to compensation and escalation rate, modifying the Reference Court's decision
Acquisition of land – Quantum of compensation must be based on current market value of land.
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