RFA No. 2667 of 2013

1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

RFA No. 2667 of 2013

Date of decision April 23 , 2013

State of Haryana

....... Petitioner

Versus

Smt.Santra Devi w/o Sh. Sher Singh and another

........ Respondents

CORAM:

HON'BLE MR. JUSTICE K. KANNAN

Present:-

Mr. Kartar Singh,AAG., Haryana

for the appellant.

****

K. Kannan, J (oral).

1.

This order shall dispose of RFA Nos. 2667 to

2725 of 2013 as all the appeals are connected.

2.

The appeals are by the State complaining that

the compensation as assessed by the Reference Court is excessive.

The details of the case as set out in the tabulation are as under:-

Details of Award for compensation

Date of notification u/s 4

21.3.2006

Village

Bhiwani Lahar

Total extent acquired

18.46 acres

Purpose of acquisition

For sector 23 Part Bhiwani

Collector's award

12 lacs per acre

Reference Court

13,15,000/- per acre

Sale Instances

*_________________________________________________________

RFA No. 2667 of 2013

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S.No.

Date

Extent

Consideration

Value per

acre/sq.yd/sq.

ft/sq.mtr.

Located

in rough

sketch

Yes/No

By

Claimant

P(C)

3.3.06

8 Marla

`14,20,000/- per

acre

State

R-19

13.12.05

3.3/4 Marla

`12,10,000 per

acre

3.

The Tribunal has relied on a transaction

brought about just prior to the institution of the suit where the extent

of about 8 Marlas of land had been dealt with at `14,20,000/- per

acre. The State was relying on a still different transaction which was

again with reference to small extent of 3.3/4 Marlas where the

property had been sold at `12,10,000/- per acre. There were other

documents filed by the State but it rest contended with Ex. R-19 as a

better exemplar. Between the two documents dealt with in respect of

small extent of properties, if the Court was relying on a transaction

which was relatively high, it shall be perfectly competent for the Court

to do so in the light of the judgment of the Supreme Court in

Mehrawal Khewaji Trust (Regd.) Vs. State of Punjab and others

(2012) 5 SCC 432. In the manner of assessment, the Court has

merely increased it to `1,15,000/- per acre for a total extent of about

18.46 acres of property. I do not think that there is any error in the

order and the extent of increase is too insignificant for the State to be

aggrieved.

Learned counsel has also an objection that in the

RFA No. 2667 of 2013

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manner of assessment on value of tube wells and super structures

the Reference Court has provided for a 20% escalation to the value

as determined by the Collector. In so doing the Reference Court has

observed that the value of properties are increasing day by day and

the assessment made by the Collector was too modest and allowed

for 20% increase. This also, in my view, is quite a proper approach

and there is no scope for the State to be aggrieved in the manner of

assessment.

4.

The orders passed by the Reference Court

are maintained in the respective cases and the appeals are

dismissed.

(K. KANNAN)

JUDGE

April 23, 2013

archana