Punjab-Haryana High Court
State Of Haryana And Others vs Partap on 27 March, 2014
Author: Sabina
Bench: Sabina
RFA No. 3046 of 2009 (O&M) and other connected cases -1-
In the High Court of Punjab and Haryana at Chandigarh
Regular First Appeal No. 3046 of 2009 (O&M)
Date of Decision: 27.3.2014.
State of Haryana and others .......Appellants
Versus
Partap .......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. H.S.Hooda, Advocate General, Haryana with
Mr. D.D.Gupta, Addl. A.G., Haryana.
Mr. Rahul Deswal, Advocate
for the land-owner/respondent.
****
SABINA, J.
Vide this judgment, following RFAs filed by the State as well as claimants and cross objection would be disposed of as they have arisen out of the same award passed by the Reference Court dated 27.2.2009.
Appeals filed by the State 1. RFA No. 3046 of 2009 2. RFA No. 3047 of 2009 3. RFA No. 3048 of 2009 4. RFA No. 3049 of 2009 5. RFA No. 3050 of 2009 6. RFA No. 3051 of 2009 7. RFA No. 3052 of 2009 8. RFA No. 3053 of 2009 9. RFA No. 3054 of 2009 10. RFA No. 3055 of 2009 Singh Gurpreet 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarh RFA No. 3046 of 2009 (O&M) and other connected cases -2- 11. RFA No. 3056 of 2009 12. RFA No. 3057 of 2009 13. RFA No. 3058 of 2009 14. RFA No. 3059 of 2009 15. RFA No. 3060 of 2009 16. RFA No. 3061 of 2009 17. RFA No. 3062 of 2009 18. RFA No. 3063 of 2009 19. RFA No. 3064 of 2009 20. RFA No. 3065 of 2009 21. RFA No. 3097 of 2009 22. RFA No. 3098 of 2009 23. RFA No. 3099 of 2009 24. RFA No. 3100 of 2009 25. RFA No. 3101 of 2009 26. RFA No. 3102 of 2009 27. RFA No. 3177 of 2009 28. RFA No. 3308 of 2009 29. RFA No. 3431 of 2009 30. RFA No. 3598 of 2009 Appeals filed by the claimants 1. RFA No. 5137 of 2009 2. RFA No. 5138 of 2009 3. RFA No. 5139 of 2009 4. RFA No. 5140 of 2009 5. RFA No. 5141 of 2009 6. RFA No. 5142 of 2009 7. RFA No. 5143 of 2009 Singh Gurpreet 8. RFA No. 5144 of 2009 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarh RFA No. 3046 of 2009 (O&M) and other connected cases -3- 9. RFA No. 5145 of 2009 10. RFA No. 5146 of 2009 11. RFA No. 5147 of 2009 12. RFA No. 5148 of 2009 13. RFA No. 5149 of 2009 14. RFA No. 5150 of 2009 15. RFA No. 1089 of 2014 16. RFA No. 1090 of 2014 17. RFA No. 1091 of 2014 18. RFA No. 1092 of 2014 19. RFA No. 1093 of 2014 20. RFA No. 1094 of 2014 21. RFA No. 1095 of 2014 22. RFA No. 1096 of 2014 23. RFA No. 1097 of 2014 Cross Objection No. 38-CI-2010 in RFA No. 3057 of 2009 (by the claimants).
Vide notification dated 2.2.1999 under Section 4 of the Land Acquisition Act, 1894 ('Act' for short), land in question was sought to be acquired for construction of four-laning of National Highway No. 10. Land Acquisition Collector assessed the market value at the rate of ` 2,97,500/- per acre for all kinds of land.
Aggrieved against the said award, the land owners sought references under Section 18 of the Act. The Reference Court vide its award dated 27.2.2009 determined the market value at the rate of ` 5,00,000/- per acre. Hence, the present appeals by the State as well as the land owners.
Learned Advocate General for the State, has submitted Singh Gurpreet 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarh RFA No. 3046 of 2009 (O&M) and other connected cases -4- that the Reference Court had erred in enhancing the market value of the land in question. In fact, the Land Acquisition Collector had correctly assessed the market value of the acquired land and it did not require further enhancement.
Learned counsel for the land owners, on the other hand, has submitted that the Reference Court had rightly assessed the market value of the land in question at the rate of ` 5,00,000/- per acre by basing reliance on Ex. P-1 but had failed to grant 12% escalation charges per year with effect from 24.4.1997.
In the present case, land was sought to be acquired for four-laning of National Highway No. 10. While seeking enhancement of the compensation, land owners based reliance on the following sale deeds:-
Sr. Date of Area sold Sale Average per
No. Execution consideratio acre.
n
Ex. P-2 2.7.2001 3K-6M 12,50,000/- 3,32,250/-
Ex. P-3 23.2.2001 ----- 3 M 16,000/- 7,74,400/-
Ex. P-4 23.11.2000 1 K- 5 M 94,200/- 6,02,280/-
Ex. P-5 19.6.2001 ---- 17 M 65,000/- 6,08,510/-
Ex. P-6 2.8.1995 4 K-07 M 2,80,000/- 5,14,942/-
Ex. P-7 3.5.2000 16K-8 M 9,90,000/- 4,83,019/-
Ex. P-8 26.5.2000 -----8 M 24,000/- 4,84,000/-
Ex. P-9 22.5.2000 4 Kanals 2,10,000/- 4,20,000/-
So far as the State is concerned, it had based reliance on Ex. R-1 and Ex. R-2. The said sale deeds were not rightly considered by the Reference Court as the market value of the land as per the said sale deeds came to be less than the market value assessed by the Land Acquisition Collector. Claimants had also based reliance on Ex. P-1, award passed by the Reference Court in the adjoining village for the same purpose.
Singh Gurpreet 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarhRFA No. 3046 of 2009 (O&M) and other connected cases -5- Para 26 of the judgment passed by the Reference Court reads as under:-
"As stated above, the average sale-consideration of four sale deeds Ex. P4, Ex P7, Ex. P8 and Ex. P9 comes around Rs. 5,00,000/- per acre. Even in the award passed by the Court of Shri R.C. Godara, learned Additional District Judge, Rohtak on 17.10.2007 regarding the acquired land situated adjoining the acquired land, of the same nature and quality and for the same purpose, the market value of the acquired land was assessed at the rate of Rs. 5,00,000/- per acre. After giving the increase of 12% per annum, as per the provisions of Section 23(1-A), he assessed the market value as Rs. 7,87,000/- per acre. Therefore, in my opinion, the market value of this land, at the time of its acquisition, was also Rs. 5,00,000/- per acre. Accordingly, I hold the petitioners entitled to receive the compensation at the above rate besides other statutory benefits. Both these issues are thus disposed of accordingly."
The Reference Court had, thus, rightly placed reliance on Ex. P-1 while assessing the market value of the acquired land, as the same relates to adjoining land. As per Ex. P-1, the market value of the land was assessed as ` 5,00,000/- per acre on 24.4.1997. In the present case, the notification under Section 4 of the Act was issued on 2.2.1999. The Reference Court while assessing the market value vide Annexure P-1, had granted 12% per year enhancement on account of escalation of prices whereas Singh Gurpreet 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarh RFA No. 3046 of 2009 (O&M) and other connected cases -6- the Reference Court in question had erred in not granting the compensation on account of escalation of prices. Thus, there is force in the argument raised by the learned counsel for the land owners. The land owners were entitled to receive 12% per year escalation charges on ` 5,00,000/- as the same was assessed as market value of the land in question as on 24.4.1997.
The escalation charges come to ` 5,00,000/- x 12% x 2 years = ` 1,20,000/-. Thus, the total compensation comes to ` 5,00,000/- + ` 1,20,000/- = ` 6,20,000/-. Therefore, the claimants are entitled to receive compensation at the rate of ` 6,20,000/- per acre.
Accordingly, the appeals filed by the State are dismissed whereas the appeals as well as cross objection filed by the claimants are allowed. Claimants are entitled to receive compensation at the rate of ` 6,20,000/-per acre.
(SABINA) JUDGE March 27, 2014 Gurpreet Singh Gurpreet 2014.04.03 10:23 I attest to the accuracy and integrity of this document chandigarh