IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Harkesh Manuja, J
Rajender Prasad – Appellant
Versus
State Of Harayana – Respondent
RFA-1872-2016
| Table of Content |
|---|
| 1. summary of facts, acquisition notification, and lower court proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. contentions regarding the relevance of prior awards versus sale deeds. (Para 9 , 10) |
| 3. court evaluates the evidentiary value of past awards and rejects unreliable sale deeds. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final determination of market value and granting of statutory benefits. (Para 17 , 18 , 19 , 20 , 21) |
HARKESH MANUJA, J. (ORAL)
Vide this common order, a batch of 19 Regular First Appeal(s) shall stand disposed of, details of which are mentioned in the footnote of the judgment. For convenience, the facts are culled out from RFA-1872-2016.
By way of present appeal(s), challenge has been laid to the judgment dated 06.01.2016 passed by the learned Additional District Judge, Gurgaon (hereinafter referred to as ‘Reference Court’) whereby the reference petition filed under Section 18 of the Land Acquisition Act, 1894 (for brevity ‘the Act’) by the appellants-landowners, seeking enhancement of compensation was partly allowed.
2. Briefly stating, certain land, located within the revenue estate of Village Budhera, Tehsil and District Gurgaon was acquired for the public purpose, namely, “for setting up of a sewerage treatment plant” vide notification dated 19.08.2008 and 19.08.2009 issued under Sections 4 and 6 respectively of the Act. The Land Acquisition Collector (for short ‘the LAC’) passed Award No.9 dated 26.07.2011 assessing the market value at the rate of Rs.41,50,000/- per acre along with other statutory benefits.
3. The appellants-landowners, feeling dissatisfied with the award, sought reference under Section 18 of the Act pleading that the price of acquired land was not less than Rs.2,00,00,000/- per acre as the same was situated in the vicinity of posh colonies and sectors carved out by HUDA.
4. Upon notice, the same was contested by the respondents-HSIIDC by filing a written statement which was adopted by respondents-State as well. In the written statement, it was pleaded that the appellants did not file any claim under Section 9 of the Act opposing the amount of compensation granted by the LAC. It was further pleaded that the acquired land was an ordinary agricultural land and the compensation awarded by the LAC was fair and adequate.
5. On the basis of pleadings of the parties, the following issues were framed by the learned Reference Court:-
“1. What was the market value of the acquired land at the time on the date of notification under Section 4 of Land Acquisition Act? OPP
2. Relief.”
6. The parties led their respective evidence and produced following sale deeds:
Sale deeds produced by appellants-landowners:
| Exhibit | Date of Sale Deed | Sale Deed no. | Area of Land | Village | Total Amount | Rate Per Acre |
|---|---|---|---|---|---|---|
| P-1 | 13.08.2008 | 11983 | 119 sq. yards | Budhera | Rs. 18,00,792/- | Rs. 57,64,440/- |
| P-11 | 01.03.2013 | 27838 | 14K-0M-4S | Budhera | Rs. 2,32,26,133/- | Rs. 1,32,72,076/- |
| P-12 | 06.03.2013 | 28285 | 15K-15M | Budhera | Rs. 2,75,54,800/- | Rs. 1,39,96,088/- |
| P-13 | 24.05.2013 | 5103 | 16K-0M | Budhera | Rs. 2,80,00,000/- | Rs. 1,40,00,000/- |
| P-14 | 28.03.2007 | 27084 | 35K-10M | Dhanwapur | Rs. 11,09,37,500/- | Rs. 2,50,00,000/- |
| P-15 | 23.08.2007 | 11083 | 9K-16M | Dhanwapur | Rs. 3,67,50,000/- | Rs. 3,00,00,000/- |
| P-16 | 14.02.2008 | 26336 | 17K-15M | Dhanwapur | Rs. 8,43,12,500/- | Rs. 3,80,00,000/- |
| P-17 | 07.04.2011 | 442 | 13K-13M | Dhanwapur | Rs. 9,21,37,500/- | Rs. 5,40,00,000/- |
| P-II | 29.01.2008 | 24748 | 7K-10M | Dhankot | Rs. 2,62,50,000/- | Rs. 2,80,00,000/- |
| A-2 | 21.11.2007 | 17135 | 9K-2M | Dhankot | Rs. 3,41,25,000/- | Rs. 3,00,00,000/- |
| A-3 | 21.11.2007 | 17137 | 20K-18M | Dhankot | Rs. 7,83,75,000/- | Rs. 3,00,00,000/- |
| A-4 | 24.01.2008 | 24377 | 30K-0M | Dhankot | Rs. 10,50,00,000/- | Rs. 2,80,00,000/- |
| A-5 | 24.01.2008 | 24379 | 39K-18.5M | Dhankot | Rs. 13,97,37,500/- | Rs. 2,80,00,000/- |
| A-6 | 24.01.2008 | 24380 | 9K-18.5M | Dhankot | Rs. 3,47,37,500/- | Rs. 2,80,00,000/- |
Sale deeds produced by respondents:-
| Sr. no. | Exhibit | Date of Sale Deed | Sale Deed no. | Area of Land | Village | Tota |
|---|---|---|---|---|---|---|
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