R.F.A. No. 3541 of 2006, [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

R.F.A. No. 3541 of 2006 (O&M)

Date of decision: September 14, 2010

Nand Ram and others

... Appellants

vs.

State of Haryana and others

... Respondents.

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Shailendra Jain, Mr. Lokesh Sinhal, Mr. M. K. Mittal,

and Mr. Sanjay Vashisht, Advocates

for the land owners.

Mr. H. S. Hooda, Senior Advocate with

Mr. Kamal Sehgal, Advocate for HSIIDC

Mr. Ashish Gupta, Assistant Advocate General, Haryana.

Rajesh Bindal J.

1.

This order will dispose of the following appeals:

R.F.A. Nos. 3541 and 3542 of 2006;

R.F.A. Nos. 2983, 3179 to 3192, 3194, 3195, 3206 to 3209, 3212,

3237 to 3256, 3257, 3259, 3260, 3464, 3494, 3495, 3504, 3554 to

3557, 3959, 3960, 3962 to 3969, 3996 to 4032, 4071 to 4077, 4115

to 4123, 4134, 4180 to 4185, 4225 to 4242, 4442 to 4492, 4618,

4936 to 4943, 4992, 4993, 5123, 5577 and 5581 of 2009;

R.F.A. Nos. 400 to 405, 552 TO 555 OF 2010 and

Cross Objections Nos. 24-CI to 27-CI, 29-CI, 32-CI to 35-CI, 41-CI,

47-CI to 51-CI, 57-CI, 68-CI, 76-CI, 140-CI, 142-CI, 147-CI, 149-

CI, 154-CI, 159-CI and 160-CI of 2010,

as common questions of law and facts are involved.

2.

In the appeals and cross-objections filed by the land owners, the

prayer is for enhancement of compensation awarded by the learned court below for

the acquired land.

3.

In the appeals filed by Haryana State Industrial Infrastructure

Development Corporation Ltd. (for short, `the Corporation'), the prayer is for

reduction in the compensation awarded to the land owners for the acquired land.

R.F.A. No. 3541 of 2006, [2]

4.

The acquisition of compact block of land in the present set of appeals

is pertaining to six villages, namely Chirhara, Suthani, Jalalpur, Suthana, Asalwas

and Jaliawas, Tehsil Bawal in District Rewari.

FACTS

Acquisition regarding village Chirhara

5.

Vide notification dated 11.12.1995, issued under Section 4 of the

Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana acquired 249

kanals and 4 marlas of land in village Chirhara, Tehsil Bawal, District Rewari for

development as Industrial Growth Centre at Bawal. The same was followed by

notification dated 24.1.1996, issued under Section 6 of the Act. The Land

Acquisition Collector (for short, `the Collector') assessed compensation @ `

1,43,000/- per acre for Chahi and Gair Mumkin land; ` 1,15,000/- per acre for

Barani land; ` 1,65,000/- per acre for land upto the depth of two acres of the road

and ` 6,00,000/- per acre upto the depth of two acres on National Highway No. 8.

Dissatisfied with the award of the Collector, the land owners filed objections. On

reference under Section 18 of the Act, the learned court below assessed the market

value of the acquired land @ ` 8,00,000/- per acre upto the depth of 500 yards on

both sides of National Highway No. 8 as well as State Highway (Rewari-Bawal

road) and ` 4,00,000/- per acre for the remaining land.

Acquisition regarding village Jaliawas

6.

Vide same notification, issued under Section 4 of the Act, land

measuring 503 kanals and 2 marlas in village Jaliawas, Tehsil Bawal, District

Rewari was acquired for the same purpose. The same was followed by notification

dated 24.1.1996, issued under Section 6 of the Act. The Collector assessed

compensation @ ` 1,10,000/- per acre for chahi land; ` 94,000/- per acre for

barani land; ` 1,43,000/- per acre for Gair Mumkin land; ` 1,54,000/- per acre

upto the depth of two acres on both sides of the road and ` 6,00,000/- per acre

upto the depth of two acres on both sides of National Highway No. 8. Dissatisfied

with the award of the Collector, the land owners filed objections. On reference

unde