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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Shiv Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARKESH MANUJA, J.
Vide this common order, a bunch of 6 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.3922-2006.
2. By way of filing the present appeal(s) challenge has been laid to the decision dated 25.07.2006 passed by the learned Additional District Judge, Sonepat-cum-Reference Court, seeking further enhancement of the compensation.
3. Briefly stating, 36K-11M of land, situated within the revenue estate of Village Khandrai, Tehsil Gannaur, District Sonepat, was acquired by the Government of Haryana vide notifications dated 05.04.2001 and 04.01.2002, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, for short ‘the Act’ respectively, for public purpose, namely, for “construction of Godown of HAFED”. The Land Acquisition Collector (for short ‘the LAC’) vide award 20.08.2002 assessed market value in respect of the acquired land @ Rs.3,50,000/- per acre, besides all other statutory benefits under the Act.
4. Dissatisfied with the aforesaid awar
Absence of local sales permits reliance on nearby circle awards for market value, with 10% annual cumulative increase for time gap; uniform rate applies to single-unit public acquisitions irrespectiv....
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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