Punjab-Haryana High Court
Sant Ram & Anr vs State Of Haryana & Ors on 17 February, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
RFA-6193-2015(O&M) and -1-
other connected cases
INDEX
Sr. No. Table of contents Page No.
1. Introduction 3
2. Facts 3-5
3. Evidence produced by the 5-6
respective parties
4. Arguments addressed by the 7-8
learned counsels
5. Discussion by this Court 8-16
6. Decision 17
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA-6193-2015(O&M)
Date of decision: 17.02.2022
SANT RAM AND ANR. ..Appellants
Versus
STATE OF HARYANA AND ORS. ..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Aashish Chopra, Sr. Advocate
with Ms. Gurpreet Randhawa, Advocate
Mr. Rakesh Nehra, Sr. Advocate
with Mr. Pankaj Kaushik, Advocate
Mr. S.P. Chahar, Advocate
Mr. Nitin Jain, Advocate
Mr. Aditya Jain, Advocate
Mr. Sandeep Singal, Advocate
Mr. Sandeep K. Sharma, Advocate
Ms. Anita Balyan, Advocate
Mr. Viresh Dahiya, Advocate
Mr. Deepak Girotra, Advocate
Mr. Govind Chauhan, Advocate
Mr. N.C. Kinra, Advocate
Mr. Harsh Kinra, Advocate
Mr. Pardeep Singh Poonia, Advocate
Mr. Prateek Gupta, Advocate
Mr. Ram Kumar Saini, Advocate
Mr. S.P. Khatri, Advocate
Mr. Ashwani Bakshi, Advocate
Mr. M.S. Rana, Advocate
Mr. M.S. Khillan, Advocate
Mr. Ravinder Malik, Advocate
Mr. Y.P. Malik, Advocate
Mr. Sudhir Hooda, Advocate
Mr. S.R. Hooda, Advocate
Mr. N.K. Malhotra, Advocate
Mr. Vivek Khatri, Advocate
Mr. Kamal Mor, Advocate
Mr. Saurabh Dalal, Advocate
for the landowners.
Mr. Shivendra Swaroop, AAG, Haryana
and Ms. Vibha Tewari, AAG, Haryana.
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ANIL KSHETARPAL, J.
1. INTRODUCTION 1.1 This batch of Regular First Appeals (details whereof are at the foot of the judgment) has been filed under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act"), assailing the correctness of the various awards passed on 29.05.2015, 07.05.2018 and 16.03.2019 by the Reference Court (hereinafter referred to as "RC"). The Notification under Section 4, 6 and the award passed by the Land Acquisition Collector (hereinafter referred to as "LAC") are common. The RC has assessed the same amount of compensation for compulsory acquisition of the land by three different awards as noted above. The learned counsel representing the parties are ad idem that these appeals can be conveniently disposed of by a common judgment.
2. FACTS 2.1 In order to develop Sector 31 (the residential and the institutional Sector), the State of Haryana, on 15.12.2006, issued a Notification under Section 4 of the 1894 Act, with respect to the land measuring 402.41 acres, whereas, ultimately only 196.71 acres of land was acquired.
2.2 The relevant particulars of the acquisition are compiled in a tabulated form as under:-
Sr. No. Title Details
1. Date of Notification under Section 4 15.12.2006, of the 1894 Act, and, area of the Area-402.41 acre. land.
2. Date of declaration under Section 6 14.12.2007, of the 1894 Act, and, area of the Area-228.41 acre land.
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3. Purpose of Acquisition Development of Sector 31
for residential purposes for
the Public.
4. Location of the land, village, Tehsil Village Bohar, Tehsil and and District. District Rohtak, Haryana.
5. Number and date of the Award of Award No.40, dated the Land Acquisition Collector. 11.12.2009. The acquired land is comprised in Rectangle Numbers 216, 217, 218, 227, 228, 229, 230, 250, 251, 252, 253, 260, 261 and 262.
6. Amount assessed by the LAC. Rs.20,00,000/- per acre.
7. Number and date of the judgment of LAC Case No.617 of 2010 the RC. Date of decision:-29.05.2015 LAC case No.2 of 2017 Date of Decision 07.05.2018 LAC case No.182 of 2018 & LAC case No.194 of 2018 Date of Decision 16.03.2019
8. Amount assessed by the RC. Rs.21,84,000/- per acre.
9. Deduction/cut applied by the RC, if 32% any.
2.3 The landowners have projected that the acquired land is located in an already developed area. It has been asserted that the acquired land not only falls in the National Capital Region but also adjoins Rohtak-Delhi Road. It has further been asserted that in the city of Rohtak, many Universities, Colleges, Radio Station, Industrial Model Township etc. are located. The potential value of the acquired land is very high as the Institutions like MR DAV College, Scholars Rosary Senior Secondary School, Banquet halls, Radha Soami Satsang Ghar and other buildings are located near the acquired land. Baba Mastnath Ayurvedic College, Engineering College, Hospital, Tilyar Lake are also located nearby. The private Real Estate developers namely Omaxe, Suncity and Parsavnath have started developing their colonies and they have offered to purchase the land 4 of 28 ::: Downloaded on - 24-04-2022 10:30:55 ::: RFA-6193-2015(O&M) and -5- other connected cases from the landowners at the rate of Rs.1,50,00,000/- per acre. On the other hand, the State of Haryana has taken a stand that the market value of the acquired land has been assessed by the LAC on the basis of the report of a multi-member high power committee. The Government has also prepared a comprehensive rehabilitation policy/annuity scheme for the benefit of the farmers under which they will be paid annuity for a period of 33 years over and above the usual compensation for the acquired land. The amount of the annuity will be Rs.15,000/- per annum which shall increase by a fix sum of Rs.500/- every year.
2.4 The Reference Court, on examination of the pleadings, culled out the following issues:-
"(1) What was the market value of the acquired land at the time of issuance of notification under Section 4 of the Land Acquisition Act, 1894? OPP (2) Whether the petitioners are entitled to any amount as enhanced compensation as alleged, if so to what extent? OPP (3) Whether the petitioners are estopped from filing the petitions by their own act and conduct? OPR (4) Whether the petitions are barred by limitation? OPR (5) Whether the petitions do not disclose any cause of action? OPR (6) Relief."
3. EVIDENCE PRODUCED BY THE RESPECTIVE PARTIES:-
3.1 The landowners in order to prove their case, examined PW-1 Satya Dev (record keeper), PW-2 Manoj Kumar, Halqa Patwari, Village Bohar and PW-3 Satish Kumar, one of the landowners. Further, the landowners have produced the following documents to prove their case:-
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other connected cases Ex.P1 Sale Deed No.11969 dated 20.01.2006 Ex.P2 Sale Deed No.12987 dated 14.02.2006 Ex.P3 Sale Deed No.11230 dated 02.01.2006 Ex.P4 Sale Deed No.10439 dated 19.12.2005 Ex.P5 Sale Deed No.12945 dated 10.02.2006 Ex.P6 Sale Deed No.12883 dated 10.02.2006 Ex.P7 Sale Deed No.11435 dated 09.01.2006 Ex.P8 Sale Deed No.8192 dated 26.10.2005 Ex.P9 Sale Deed No.12882 dated 10.02.2006 Ex.P10 Sale Deed No.13006 dated 14.02.2006 Ex.P11 Aks-Shizra Ex.P12 Mutation No.9828 Ex.P13 Mutation no.9330 Ex.P14 Sale Deed No.5095 dated 07.09.2006 Ex.P15 Sale Deed No.3984 dated 03.08.2006 3.2 On the other hand, the State of Haryana, has examined RW-1 Ram Niwas, Kanungo, posted in the Office of the Land Acquisition Officer, Rohtak, and produced the following documents:-
Ex.R1 Notification dated 15.12.2006 under Section 4 of the Land Acquisition Act, 1894.
Ex.R2 Notification dated 14.12.2007 under Section 6 of the Land Acquisition Act, 1894.
Ex.R3 Award No.40 dated 11.12.2009 Ex.R4 Minutes of Meeting of Divisional Level Committee,held under the chairmanship of the Commissioner.
Ex.R5 Oustees Scheme
Ex.R6 Sale Deed No.1359 dated 07.05.2007
Ex.R7 Sale Deed No.1435 dated 08.05.2007
Ex.R8 Sale Deed No.1720 dated 15.05.2007
Ex.R9 Sale Deed No.3681 dated 04.07.2007
Ex.R10 Sale Deed No.7291 dated 31.10.2007
Ex.R11 Sale Deed No.9204 dated 07.01.2008
Ex.R12 Sale Deed No.9854 dated 05.02.2007
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4. ARGUMENTS ADDRESSED BY THE LEARNED COUNSELS :-
4.1 The various learned counsel representing the landowners have contended that the RC erred while deducting 32% of the average sale price of the various sale deeds produced by the owners. They contend that the sale exemplars produced by the landowners are with respect to reasonable sized plots, therefore, 32% deduction is not appropriate. They further contend that the Reference Court has failed to award escalation for the period of approximately one year between the date of the sale exemplars and the date of notification under Section 4 of the 1894 Act.
4.2 Per contra, the learned State counsel has submitted that the Reference Court has applied a cut of 32% in order to moderate the difference in the price of small plots and the big chunk of land. He further contends that the RC has wrongly ignored the sale exemplars produced by the State reflecting a price less than the amount assessed by the LAC. While criticizing the judgment of the RC, he has further contended that the RC has erred in drawing an inference, without any basis, that the sale deeds exemplars R-6 to R-13 are not only undervalued but are distressed sales.
4.3 The learned counsel representing the State of Haryana contends that the market value cannot be assessed without applying appropriate deduction charges. She relies upon the judgments passed in Ram Kanwar and others Vs. State of Haryana 2014 SCC Online SC 1699 and Kasturi Vs. State of Haryana 2003(1) SCC 354. The learned counsel has contended that in Regular First Appeal No.3000 of 2016, titled as "Jai Singh vs. State of Haryana and other", decided on 15.11.2021, this Bench has not considered the aforesaid judgments of the Supreme Court of India. The 7 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -8- other connected cases learned counsel while referring to the expression "without making necessary deductions" has contended that the Court is debarred from assessing the market value without applying appropriate deduction.
5. DISCUSSION BY THIS COURT 5.1 Heard the learned counsel representing the parties and with their able assistance carefully examined the reasoning given by the Reference Court along with the record which was requisitioned. The learned counsel representing the respective parties have filed synopsis along with the gist of their arguments.
5.2 EVALUATION OF THE EVIDENCE:-
5.2.1 At this stage, it is appropriate to notice the meaning of various words/phrases/expressions used while referring to the size of a unit of an agricultural land prevalent in the State of Haryana:-
1 Rectangle 5 X 5 = 25 Acre = (Rectangular shape) 1 Acre 160 Marlas = (Rectangular shape) 8 Kanal 1 Acre = 1 Kanal 20 Marlas = 1 Acre 4840 Sq. Yards = 1 Marla 30.25 Sq. Yards = 1 Inch 2.54 cm = 1 Foot 12 Inch = 1 Sq. Feet 12 X 12 = 144 Inch = 1 Yard 3 Feet = 1 Sq. Yard 9 Sq. Feet = 100 Sq. Yards 900 Sq. Feet = 1 Kanal 0.125 Acre = 1 Marla 0.00625001 Acre = // Rectangle = / Killa/acre/khasra number = 8 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -9- other connected cases 5.2.2 In order to arrive at a correct conclusion, it would be appropriate to take a note of the various sale deed exemplars produced by both the parties in support of their respective stands. The information has been compiled in a tabulated information manner for clear and cogent description:-
TABLE-A Sale deed produced by the appellant/landowners Ex. Registry Date Area in K-M Amount Rate Per No. No. (in Rs.) Acre (in Rs.) P-1 11969 20.01.2006 6K-18M 26,73,750 31,00,000 P-2 12987 14.02.2006 17K-13M 68,94,532 31,25,000 P-3 12230 02.01.2006 28K-8M 10,650,000 30,00,000 P-4 10439 19.12.2005 2K-2M 7,74,375 29,50,000 P-5 12945 10.02.2006 7K-12M 29,45,000 31,00,000 P-6 12883 10.02.2006 8K-0M 31,00,000 31,00,000 P-7 11435 09.01.2006 23K-12M 88,50,000 30,00,000 P-8 8192 26.10.2005 71K-4M 2,62,55,000 29,50,000 P-9 12882 10.02.2006 11K-16M 45,72,500 31,00,000 P-10 13006 14.02.2006 32K-0M 1,36,00,000 34,00,000 P-14 5095 07.09.2006 31K-14M 1,64,44,375 41,50,000 P-15 3984 03.08.2006 8K-0M 43,00,000 43,00,000 TABLE-B Sale deed produced by respondent/State Ex. No. Village Registry Date Area in Amount Rate Per No. K-M (in Rs.) Acre (in Rs.) R-6 BOHAR 1359 07.05.2007 1K-0M 2,25,000 18,00,000 R-7 BOHAR 1435 08.05.2007 3K-19M 8,89,000 18,00,506 R-8 BOHAR 1720 15.05.2007 1K-8M 3,15,000 18,00,000 R-9 BOHAR 3681 04.07.2007 2K-0M 4,50,000 18,00,000 R-10 BOHAR 7291 31.10.2007 3K-18M 8,77,500 18,00,000 R-11 BOHAR 9204 07.01.2008 1K-16M 4,05,000 18,00,000 R-12 BOHAR 9854 05.02.2007 1K-1M 60,000 4,57,143 R-13 BOHAR 10815 22.02.2008 2K-0M 4,50,000 18,00,000 5.2.3 Before this Bench proceed further, it will be appropriate to note that the landowners have produced a layout plan Ex.P-11 prepared by the Patwari of the Area, which is based on the revenue layout plan (Aksh-
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Shizra). A careful study of the award passed by the LAC proves that the acquired land is comprised of rectangle Numbers 216, 217, 218, 227, 228, 229, 230, 250, 251, 252, 253, 260, 261 and 262. The acquired land includes the land comprised in rectangle No.227 which is located towards its Eastern side. Thereafter, the land comprised in rectangle No.226 begins which is located towards the Eastern side of acquired land comprised in rectangle No.227. In other words, the land comprised in Rectangle number 226 abuts the acquired land. Towards the Northern side of rectangle No.227, the land comprised in rectangle No.218 is located. When one further goes towards further the Eastern side, then, there lies a parcel of land comprised in rectangle No.229. Thereafter, there is a road from Bohar to Baliyana which passes from North-Western direction to the South-Eastern direction. The aforesaid road is approximately at a distance of 5 to 6 acres from the North-
Eastern corner of the acquired land. The land comprised in rectangle No.226, 218 and 219 are located in-between the road and the acquired land.
It is also evident that the landowners have produced various sale deeds of the land comprised in rectangle No.219, 226 and 218. The sale exemplar Ex.P-8 is with respect to a land measuring 71 Kanal 4 Marlas, which is nearly 9 acres of land. This parcel of land abuts the acquired land from the Eastern side. Similarly, sale exemplar Ex.P-9 adjoins the acquired land towards the Northern side. The sale exemplar Ex.P-4 is also located next to the acquired land.
5.2.4 The Reference Court has also erred in taking out the average of the price of sale exemplars Ex.P-1 to P-10 and P-14, without examining the geographical location of the various parcels of the land covered by the aforesaid sale exemplars. As already noted, the parcel of land covered by the 10 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -11- other connected cases sale exemplar P-10 and P-14 are located at a distance, therefore, they are not comparable. The sale exemplars Ex. P-3, P-4, P-8 and P-9 are found comparable sale exemplars relevant for the assessment of the market value of the acquired land. The sale exemplar Ex. P-9 (dated 10-02-2006) is with respect to the sale of a sufficiently huge sized plot which has been sold at the rate of Rs. 31,00,000/- per acre. The crucial date for determination of the compensation is 15.12.2006. There is a difference of a period of 10 months.
As already noticed, the various Real Estate development companies had already started purchasing the land in the area before the date of notification under Section 4 of the 1894 Act. Therefore, it will be safe to assume that the prices of the land, consistently, increase at the rate of 9% per annum. Hence, for a period of 10 months, the prices are expected to escalate by 7.5%.
5.2.5 It is also evident that all the sale exemplars produced by the State of Haryana are subsequent to the date of notification under Section 4 of the 1894 Act. No doubt, the sale exemplar Ex.R-12 is with respect to the land comprised in rectangle No.227, Khasra No.2/1, however, the aforesaid land is the subject matter of the said acquisition. The sale deed has been executed and registered after a period of nearly two months from the date of notification under Section 4 of the 1894 Act. A small plot of 1 Kanal and 1 Marla has been sold. On a careful reading of the aforesaid sale deed, it is evident that only symbolic possession of the land was handed over to the purchaser. Furthermore, on a careful study of the layout plan of Sector 31 (Ex. R-14), it is evident that the aforesaid small parcel of land comes within the land reserved for service road and the green-belt planned to be developed in-between Sector 33 and Sector 31. Along with a 60 meter wide road, a service road on the one side and green-belts on both the sides of the road 11 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -12- other connected cases have been planned to be developed in the future. Hence, the sale deeds produced by the State cannot be relied upon to assess the market value of the acquired land. In the considered view of the Court, viewing the overwhelming evidence with regard to the price of the property in the nearby area, a stray sale deed Ex.R-12 produced by the State is liable to be ignored.
5.2.6 No doubt, the learned counsel representing the State of Haryana is correct in contending that the Reference Court has erred in ignoring the sale exemplars Ex.R-6 to R-13, on the ground that the price depicted is less than the market value assessed by the LAC. Section 25 of the 1894 Act only debars the RC from assessing market value of acquired land which is less than the amount assessed by the LAC. However, there is no prohibition in taking into consideration the sale deeds produced in the evidence in order to arrive at an accurate conclusion. This issue is no longer res-integra. In Lal Chand vs Union of India and another (2009)15 SCC 769, the Court, after elaborately discussing Section 25, has expounded that such sale exemplar cannot be kept out of consideration. The learned State counsel is also correct in contending that the Reference Court has erred in drawing an inference that the sale exemplars Ex.R-6 to R-13 are undervalued or relate to distress sales. The learned State counsel is correct in contending that in the absence of material evidence, the RC was not justified in making such an observation.
5.2.7 However, that in itself does not help the case for the State of Haryana because the sale exemplars Ex.R-6 to R-13 are not only subsequent to the date of notification under Section 4 of the 1894 Act but are also with respect to the parcels of land (except one which has been referred to above) which are located at a significant distance from the acquired land. Therefore, 12 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -13- other connected cases these sale exemplars are not comparable to the acquired land to assess the market value of the acquired land.
5.2.8 It is also evident that the colonizers and developers had started purchasing the property in the area in order to create a land bank to enable them to develop a colony. All the sale deeds produced by the landowners are with respect to purchase of the land by the various Real Estate Developer companies. On an average, the land has been purchased at the price ranging from Rs.29,50,000/- to Rs.31,00,000/-. The various parcels of land covered by sale exemplar Ex.P-10, P-14, P-15, are at a distance. No evidence has been produced to prove the comparable location of the land covered by the sale deeds (Ex. P-10, P-14and P-15) viz-a-viz the acquired land.
5.3 DISCUSSION ON THE CASE LAWS RELIED UPON BY THE LEARNED COUNSELS:-
5.3.1 This Court has carefully and respectfully read the judgments relied upon by the State's counsel. In Ram Kanwar's case (Supra), the Supreme Court while upholding the order of the High Court noticed that there was an abnormal increase of more than 100% within a period of less than four months. In that context, the Court observed that such a sale deed could not be relied upon without making the necessary deductions to assess the market value at par with the estimated market value of the acquired land.
In the respectful opinion of the Court, such observations do not mean that in each and every case, the deduction/cut is mandatory. This Bench has also carefully read the judgment passed in Kasturi (Supra) in which the land was acquired to develop Sectors 13 and 23 at Bhiwani. The High Court relied upon the sale instance (Ex. P-7) with respect to land measuring 3 Kanal located on the main road which is claimed to be have the potential to be used 13 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -14- other connected cases for commercial purposes. The High Court applied a deduction of 20% after finding that the sale instance relied upon is not similar to the acquired land.
The Supreme Court, while dismissing the appeal, approved the decision of the High Court. In the considered opinion of the court, the Supreme Court approved the decision of the High Court on the ground that there was a dis-
similarity between the parcel of land covered by the sale instance and the acquired land. In the humble opinion of this Court, the aforesaid judgments in Ram Kanwar's case (supra) and Kasturi's case (supra) do not, as a ratio decidendi, lay down, that even if the comparable sale exemplars of contemporaneous period have been produced, still, it is necessary to apply some amount of deduction. Deduction is to be applied in a case where the Court finds that there is a dissimilarity between the acquired land and the land sold through the concerned sale exemplar. While deciding Regular First Appeal No.3000 of 2016, titled as "Jai Singh vs. State of Haryana and other", decided on 15.11.2021, this Bench has examined a series of judgments. The relevant discussion is as under:-
"7.14 The principle underlined by all these judgments is that while assessing the market value, the court is required to apply the wisdom of a common man and arrive at a figure which a willing seller will get from a voluntary purchaser for the property. Once the market value of the acquired agricultural land is being assessed and many sales exemplars of considerably big sized plots of the agricultural land are available, the application of cut/deduction for development, in the considered opinion of the Court, is not justified unless the court is assessing the market value of a land where the sale exemplars produced before the Court are of relatively small sized plots or are being used for residential, commercial or industrial purposes. The deduction can be applied when comparable sale exemplar is of a plot of a very small size as compared to the acquired land in order to moderate the difference between wholesale and retail prices as observed by the Supreme court in judgment passed in Lal Chand (supra). The appropriate percentage of cut can
14 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -15- other connected cases also be applied if the sale exemplar is of a plot which was being used or was capable of being used for different purposes like residential, commercial or industrial. The development cut can also be applied when the comparable sale exemplar is of a plot which is located at a key position like near the road, market, developed residential colony or commercial establishments. There can be more than one reasons to apply the development cut. However, if the price is reduced while assessing the market value of the acquired land, without observing the aforesaid principles while making the deduction in the facts and circumstances of the individual cases, it shall be against the statutory intendment. In a case where the court is making an assessment with respect to an undeveloped acquired land as an undeveloped area and the sale exemplar produced for such determination is also of an undeveloped piece of land of reasonable size, then any deduction which is made on account of development work or development cost, in the considered opinion of this Court, shall not be considered appropriate. This can be explained by an example. Hypothetically, if a farmer purchases a sufficiently large chunk of land just before the notification under Section 4. On the acquisition of the land purchased, he is likely to produce the sale exemplar of the land purchased by him. If the court treats the sale exemplar as the base value and thereafter applies a cut or deduction on account of development cut or development cost per se, he shall stand deprived of the market value paid by him while purchasing the land. It would be against the spirit/intention of the Act. While assessing the market value of the undeveloped/agricultural land, the court is not required to work out the market value of the developed land or plot. In such circumstances, the application of development cut in the considered opinion of the court would not be appropriate and justified. The cut/deduction is applied by the courts in order to arrive at a correct figure representing the true market value of the acquired land on the relevant date. This method has been devised by the Courts in order to tide over the situations where exactly comparable sale exemplars of contemporaneous period are not available. The court, while making adjustments or treating the prices of the developed plots of smaller size as the base, endeavours to work out the fair market value of the acquired land. 7.15 This matter can be examined from another angle. The intention of the legislature is not to put the landowners who stand deprived of the land through double whammy. On the one hand, their immovable property is compulsorily taken away, whereas on the other hand, they are not being compensated adequately 15 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -16- other connected cases due to the deduction towards the development. This cannot be the intention of the legislature. The fundamental intention of the Legislature has always been to make the land laws fair, just and reasonable towards the sufferers of compulsory land acquisition. 7.16 Once a large chunk of agricultural land is being acquired for carving out a residential/commercial or industrial colony and the sale exemplars of plots of reasonable size of agricultural land are available, then in the considered opinion of this Court, it would not be appropriate to apply a development cut for the purpose of assessment either towards development cost or towards the area to be used for passages, roads, drains, parks etc. The landowner stands in the shoes of a loser even if some part of the acquired land is being used for providing common facilities. The landowner does not gain anything exclusively on account of reservation of land for common facilities. In fact, the landowner suffers a dual loss. On the one hand, he is deprived of the acquired land and on the other hand, he does not receive a fair and appropriate amount towards the involuntary deprivation. 7.17 There is yet another aspect of the matter. The development agency/organization/colonizer or the government do not sell the developed plots on the market value assessed by the court. The plots are sold while determining price on basis of the demand and supply. Usually, the plots are sold on the basis of price determined on per sq. feet or per sq. yard. basis and not on per acre. Therefore, certain percentage of land utilized for carrying out development activities like passages, roads, drains, parks etc. is to be accounted for by the developer and not the landowner. Therefore, in the considered view of this Court, the development cost incurred or to be incurred for providing common facilities is also required to be borne by the developer. 7.18 It is well settled that while assessing the market value, the court is required to adopt a pragmatic approach. The landowners who stand deprived of the property cannot be permitted to be denied of an adequate and just compensation as well. This is the responsibility of the courts to see that the landowners are adequately compensated. The learned counsel representing the parties have failed to draw the attention of the court to any precedent which lays down that while assessing the market value, the application of development cut or deduction on the base value is mandatory." 5.3.2 Therefore, in the considered opinion of the Court, for the reasons stated in Jai Singh (Supra), this Court does not find it appropriate to apply the deduction.
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6. DECISION
6.1 Keeping in view the aforesaid discussion, the appeals filed by the
landowners are allowed. The price of the land is increased to Rs.33,32,500/-
per acre which includes the escalation at the rate of 7.5%. Consequently, the market value of the acquired land on 15.12.2006 comes to Rs.33,32,500/-.
The land owners shall also be entitled to the enhanced amount alongwith all the other statutory benefits.
All the pending miscellaneous applications, if any, are also disposed of.
17th February, 2022 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Sr. No Case number Appellant's name Respondent's name
1. RFA-6193-2015 Sant Ram and another State of Haryana through
Collector, Rohtak and
others
2. RFA-2994-2019 Risal Singh State of Haryana through
(deceased) through Collector, Rohtak and his legal heirs and others others
3. RFA-2744-2019 Ram Bhagat and State of Haryana through others Collector, Rohtak and others
4. RFA-2745-2019 Om Parkash State of Haryana through (deceased) through Collector, Rohtak and his LRs others
5. RFA-2993-2019 Phool Kanwar State of Haryana through Collector, Rohtak and others
6. RFA-3506-2019 Sahab Singh State of Haryana through (deceased) through Collector, Rohtak and LRs others
7. RFA-2891-2019 Smt. Gulab Singh State of Haryana through (deceased) through Collector, Rohtak and her LR and others others 17 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -18- other connected cases
8. RFA-2646-2019 Mahender Singh State of Haryana through Collector, Rohtak and others
9. RFA-2635-2019 Smt. Rani through her State of Haryana through power of attorney Collector, Rohtak and holder and others others
10. RFA-2440-2019 Satbir Singh State of Haryana through (deceased) through Collector, Rohtak and his LRs and others others
11. RFA-2426-2019 Parchare and others State of Haryana through Collector, Rohtak and others
12. RFA-7287-2015 Satbir Singh and State of Haryana through others Collector, Rohtak and others
13. RFA-7286-2015 Shri Niwas and others State of Haryana through Collector, Rohtak and others
14. RFA-7285-2015 Baljeet and another State of Haryana through Collector, Rohtak and others
15. RFA-7284-2015 Manoj Kumar and State of Haryana through others Collector, Rohtak and others
16. RFA-7283-2015 Dilbag Singh State of Haryana through (deceased) through its Collector, Rohtak and LRs and others others
17. RFA-7282-2015 Chand Singh State of Haryana through (deceased) through Collector, Rohtak and his LRs others
18. RFA-7281-2015 Bhupal Singh and State of Haryana through others Collector, Rohtak and others
19. RFA-7280-2015 Smt. Phoolpati and State of Haryana through others Collector, Rohtak and others
20. RFA-7032-2015 Jai Narain and others State of Haryana through Collector, Rohtak and others
21. RFA-6995-2015 Om Parkash and State of Haryana through another Collector, Rohtak and others 18 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -19- other connected cases
22. RFA-6990-2015 Karambir and others State of Haryana through Collector, Rohtak and others
23. RFA-6994-2015 Karambir and others State of Haryana through Collector, Rohtak and others
24. RFA-6993-2015 Smt. Ompati and State of Haryana through others Collector, Rohtak and others
25. RFA-6992-2015 Smt. Ompati and State of Haryana through others Collector, Rohtak and others
26. RFA-6991-2015 Karambir and another State of Haryana through Collector, Rohtak and others
27. RFA-6898-2015 Dilbag Singh State of Haryana through Collector, Rohtak and others
28. RFA-6813-2015 Raghbir Singh State of Haryana through (deceased) through Land Acquisition his LRs and others Collector, Rohtak and others
29. RFA-6048-2015 Ramphal and another State of Haryana through Collector, Rohtak and others
30. RFA-6047-2015 Satpal and others State of Haryana through Collector, Rohtak and others
31. RFA-6199-2015 Suresh State of Haryana through Collector, Rohtak and others
32. RFA-6198-2015 Jaswant (deceased) State of Haryana through through his LRs and Collector, Rohtak and others others
33. RFA-6197-2015 Pawan Kumar State of Haryana through Collector, Rohtak and others
34. RFA-6195-2015 Smt. Dhupo and State of Haryana through others Collector, Rohtak and others
35. RFA-6194-2015 Jai Bhagwan State of Haryana through Collector, Rohtak and others
36. RFA-6192-2015 Bijender Singh State of Haryana through Collector, Rohtak and others 19 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -20- other connected cases
37. RFA-6151-2015 Nafe Singh @ Nafal State of Haryana through (deceased) through Collector, Rohtak and his LRs and others others
38. RFA-6150-2015 Dilawar Singh and State of Haryana through another Collector, Rohtak and others
39. RFA-6149-2015 Ajmer Singh and State of Haryana through others Collector, Rohtak and others
40. RFA-6148-2015 Umed Singh State of Haryana through Collector, Rohtak and others
41. RFA-6106-2015 Smt. Santosh and State of Haryana through others Collector, Rohtak and others
42. RFA-6105-2015 Smt. Dhanpati and State of Haryana through others Collector, Rohtak and others
43. RFA-6102-2015 Vijaypal and another State of Haryana through Collector, Rohtak and others
44. RFA-6101-2015 Bhoop Singh State of Haryana through (deceased) through its Collector, Rohtak and LRs and others others
45. RFA-6049-2015 Ramphal State of Haryana through Collector, Rohtak and others
46. RFA-6046-2015 Randhir Singh State of Haryana through Collector, Rohtak and others
47. RFA-6045-2015 Bijender Singh State of Haryana through (deceased) through Collector, Rohtak and his LRs and others others
48. RFA-6391-2015 Surat Singh State of Haryana through Collector, Rohtak and others
49. RFA-6393-2015 Mahender Singh and State of Haryana through others Collector, Rohtak and others
50. RFA-6411-2015 Raj Dulari State of Haryana through Collector, Rohtak and others
51. RFA-6413-2015 Krishan Kumar State of Haryana through Collector, Rohtak and others
52. RFA-6417-2015 Karambir Singh and State of Haryana through 20 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -21-
other connected cases
another Collector, Rohtak and
others
53. RFA-6412-2015 Smt. Kaushalya and State of Haryana through
others Collector, Rohtak and
others
54. RFA-6410-2015 Ashok Kumar State of Haryana through
Collector, Rohtak and
others
55. RFA-6414-2015 Satish and another State of Haryana through
Collector, Rohtak and
others
56. RFA-6415-2015 Smt. Bimla and others State of Haryana through
Collector, Rohtak and
others
57. RFA-6392-2015 Mahender Singh State of Haryana through
Collector, Rohtak and
others
58. RFA-6390-2015 Parkash and others State of Haryana through
Collector, Rohtak and
others
59. RFA-6389-2015 Zile Singh (deceased) State of Haryana through
through its LRs Collector, Rohtak and
others
60. RFA-6388-2015 Bhim Singh @ Bhima State of Haryana through
Collector, Rohtak and
others
61. RFA-6368-2015 Rohtash State of Haryana through
Collector, Rohtak and
others
62. RFA-6449-2015 Raj Singh and another State of Haryana through
Collector, Rohtak and
others
63. RFA-6407-2015 Ram Kanwar @ Raj State of Haryana through
Kumar and others Collector, Rohtak and
others
64. RFA-6416-2015 Satish and another State of Haryana through
Collector, Rohtak and
others
65. RFA-6215-2015 Pardeep State of Haryana through
Collector, Rohtak and
others
66. RFA-6213-2015 Jai Narain and others State of Haryana through
Collector, Rohtak and
others
67. RFA-6211-2015 Smt. Sunder Dev State of Haryana through
(deceased) through Collector, Rohtak and
21 of 28
::: Downloaded on - 24-04-2022 10:30:56 :::
RFA-6193-2015(O&M) and -22-
other connected cases
her LRs and others others
68. RFA-6212-2015 Vinit Kumar and State of Haryana through
others Collector, Rohtak and
others
69. RFA-6210-2015 Chander Bhan and State of Haryana through
others Collector, Rohtak and
others
70. RFA-6209-2015 Munshi and others State of Haryana through
Collector, Rohtak and
others
71. RFA-6216-2015 Suraj Bhan State of Haryana through
(deceased) through Collector, Rohtak and
his LRs and others others
72. RFA-6218-2015 Amir Singh State of Haryana through
Collector, Rohtak and
others
73. RFA-6219-2015 Leelawati and others State of Haryana through
Collector, Rohtak and
others
74. RFA-6222-2015 Laxmi Narain and State of Haryana through
another Collector, Rohtak and
others
75. RFA-6201-2015 Dharam Parkash and State of Haryana through
another Collector, Rohtak and
others
76. RFA-6214-2015 Sukhmai and others State of Haryana through
Collector, Rohtak and
others
77. RFA-6205-2015 Ajit Singh and others State of Haryana through
Collector, Rohtak and
others
78. RFA-6206-2015 Vedpal and others State of Haryana through
Collector, Rohtak and
others
79. RFA-6208-2015 Joginder and others State of Haryana through
Collector, Rohtak and
others
80. RFA-6207-2015 Smt. Kamla Devi and State of Haryana through
another Collector, Rohtak and
others
81. RFA-6204-2015 Hazari Lal and others State of Haryana through
Collector, Rohtak and
others
82. RFA-6202-2015 Ram Bhagat State of Haryana through
Collector, Rohtak and
others
22 of 28
::: Downloaded on - 24-04-2022 10:30:56 :::
RFA-6193-2015(O&M) and -23-
other connected cases
83. RFA-6203-2015 Smt. Ved Kaur and State of Haryana through others Collector, Rohtak and others
84. RFA-7369-2015 Smt. Sumitra and State of Haryana through others Collector, Rohtak and others
85. RFA-7374-2015 Randhir Singh State of Haryana through (deceased) through Collector, Rohtak and his LRs and others others
86. RFA-7288-2015 Smt. Maya Kaur State of Haryana through (deceased) through Collector, Rohtak and her LRs and others others
87. RFA-7289-2015 Smt. Phoolpati and State of Haryana through others Collector, Rohtak and others
88. RFA-7291-2015 Hari Singh and others State of Haryana through Collector, Rohtak and others
89. RFA-7292-2015 Satbir Singh and State of Haryana through others Collector, Rohtak and others
90. RFA-7293-2015 Smt. Maya Kaur State of Haryana through (deceased) through Collector, Rohtak and her LRs and others others
91. RFA-7294-2015 Smt. Maya Kaur State of Haryana through (deceased) through Collector, Rohtak and her LRs and others others
92. RFA-7295-2015 Narotam Singh State of Haryana through Collector, Rohtak and others
93. RFA-7296-2015 Chand Singh State of Haryana through (deceased) through Collector, Rohtak and his LRs and others others
94. RFA-7297-2015 Satish and another State of Haryana through Collector, Rohtak and others
95. RFA-7298-2015 Kulbir Singh and State of Haryana through others Collector, Rohtak and others
96. RFA-7299-2015 Jora Singh and others State of Haryana through Collector, Rohtak and others
97. RFA-7290-2015 Dev Narain and State of Haryana through another Collector, Rohtak and others 23 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -24- other connected cases
98. RFA-7368-2015 Smt. Sumitra and State of Haryana through others Collector, Rohtak and others
99. RFA-7363-2015 Vinod and others State of Haryana through Collector, Rohtak and others
100. RFA-7362-2015 Balbir Singh and State of Haryana through others Collector, Rohtak and others
101. RFA-7361-2015 Raj Singh and others State of Haryana through Collector, Rohtak and others
102. RFA-7360-2015 Ram Niwas and State of Haryana through another Collector, Rohtak and others
103. RFA-7302-2015 Smt. Gianwati State of Haryana through Collector, Rohtak and others
104. RFA-7301-2015 Randhir Singh and State of Haryana through others Collector, Rohtak and others
105. RFA-7300-2015 Ashok Kumar State of Haryana through Collector, Rohtak and others
106. RFA-6387-2015 Om Parkash State of Haryana through (deceased) through its Collector, Rohtak and LRs and another others
107. RFA-154 -2016 Leelawanti and others State of Haryana and others
108. RFA-310-2016 Smt. Sushila @ State of Haryana and Sheela others
109. RFA-2439-2021 Jagdish (deceased) State of Haryana and through his LRs and others others
110. RFA-8418-2018 Smt. Panmeshwari State of Haryana and (deceased) through others her LRs and others
111. RFA-5164-2018 Mahabir State of Haryana and others
112. RFA-4819-2018 Ram Kanwar State of Haryana and others
113. RFA-4721-2018 Rajbir Singh and State of Haryana and others others 24 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -25- other connected cases
114. RFA-4689-2018 Rajender and others State of Haryana and others
115. RFA-4684-2018 Sandeep and another State of Haryana and others
116. RFA-4680-2018 Om Parkash State of Haryana and (deceased) through others his LRs and others
117. RFA-2866-2016 Bijender and another State of Haryana and others
118. RFA-470-2016 Krishan Kumar and State of Haryana and others others
119. RFA-436-2016 Brij Bhan State of Haryana and others
120. RFA-5608-2015 Dayanand (deceased) State of Haryana and through his LRs others
121. RFA-5607-2015 Smt. Malho and State of Haryana and others others
122. RFA-5606-2015 Khim Kaur State of Haryana and (deceased) through others her LR
123. RFA-5605-2015 Smt. Malho and State of Haryana and others others
124. RFA-5604-2015 Smt. Sushila State of Haryana and others
125. RFA-5603-2015 Suresh Kumar State of Haryana and others
126. RFA-5271-2015 Jai Parkash State of Haryana and others
127. RFA-5270-2015 Smt. Krishna State of Haryana and others
128. RFA-5953-2015 Rajender Singh and State of Haryana and others others
129. RFA-5952-2015 Umed Singh State of Haryana and (deceased) through others his LRs and others
130. RFA-5951-2015 Har Kishan and State of Haryana and others others
131. RFA-5950-2015 Mahender Singh and State of Haryana and others others
132. RFA-5949-2015 Ram Diya through his State of Haryana and Special Power of others Attorney Satpal Singh
133. RFA-5884-2015 Krishan Kumar and State of Haryana and 25 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -26-
other connected cases
others others
134. RFA-5883-2015 Sushil Kumar State of Haryana and
(deceased) through others
his LRs
135. RFA-5882-2015 Dharambir Singh and State of Haryana and others others
136. RFA-5656-2015 Bhagat Singh and State of Haryana and another others
137. RFA-5617-2015 Karan Singh and State of Haryana and others others
138. RFA-5609-2015 Smt. Murti and others State of Haryana and others
139. RFA-6243-2015 Shakuntla and others State of Haryana and others
140. RFA-6244-2015 Khazan Singh and State of Haryana and others others
141. RFA-6245-2015 Om Parkash and State of Haryana and others others
142. RFA-6246-2015 Dilbag (deceased) State of Haryana and through his LRs and others others
143. RFA-6247-2015 Zile Singh and others State of Haryana and others
144. RFA-6248-2015 Dharampal State of Haryana and others
145. RFA-6249-2015 Sahab Singh and State of Haryana and another others
146. RFA-6250-2015 Shamsher and others State of Haryana and others
147. RFA-6251-2015 Dharambir and others State of Haryana and others
148. RFA-6267-2015 Jai Singh (deceased) State of Haryana and through his LRs and others others
149. RFA-6200-2015 Rupender Singh and State of Haryana and others others
150. RFA-6221-2015 Bhoop Singh State of Haryana and others
151. RFA-6220-2015 Kartar Singh State of Haryana and others
152. RFA-6217-2015 Smt. Kitabo Devi and State of Haryana and others others
153. RFA-6540-2015 Karambir and others State of Haryana and 26 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -27- other connected cases others
154. RFA-6539-2015 Satvir Singh and State of Haryana and another others
155. RFA-6538-2015 Silak Ram (deceased) State of Haryana and through his LRs others
156. RFA-6537-2015 Jai Narain (deceased) State of Haryana and through his LRs others
157. RFA-6536-2015 Raghbir Singh and State of Haryana and others others
158. RFA-6535-2015 Silak Ram (deceased) State of Haryana and through his LRs others
159. RFA-6528-2015 Darshan Singh State of Haryana and others
160. RFA-6527-2015 Ishwar Singh State of Haryana and others
161. RFA-6526-2015 Manjeet Singh State of Haryana and others
162. RFA-6525-2015 Ishwar Singh and State of Haryana and others others
163. RFA-6524-2015 Sh. Ishwar Singh State of Haryana and (deceased) through others his LR
164. RFA-6523-2015 Bhim Singh and State of Haryana and others others
165. RFA-6522-2015 Chanchal and another State of Haryana and others
166. RFA-6521-2015 Muni Ram @ Neeraj State of Haryana and others
167. RFA-6566-2015 Ashok Kumar and State of Haryana and others others
168. RFA-6558-2015 Ishwar Dutt and State of Haryana and others others
169. RFA-6551-2015 Smt. Usha through State of Haryana and her GPA Vikram and others another
170. RFA-6547-2015 Jai Bhagwan and State of Haryana and others others
171. RFA-6567-2015 Virender Singh and State of Haryana and others others
172. RFA-6541-2015 Jai Narayan State of Haryana and (deceased) through others his LRs
173. RFA-6542-2015 Dharambir and others State of Haryana and others 27 of 28 ::: Downloaded on - 24-04-2022 10:30:56 ::: RFA-6193-2015(O&M) and -28- other connected cases
174. RFA-6543-2015 Attar Singh State of Haryana and others
175. RFA-6544-2015 Rohtash and others State of Haryana and others
176. RFA-6545-2015 Jai Narayan State of Haryana and (deceased) through others his LRs
177. RFA-6546-2015 Jai Narayan State of Haryana and (deceased) through others his LRs
178. RFA-4566-2018 Virender Singh and State of Haryana and another others
179. RFA-2370-2019 Sunil Kumar State of Haryana and others
180. RFA-6196-2015 Nar Singh State of Haryana and others (ANIL KSHETARPAL) JUDGE 28 of 28 ::: Downloaded on - 24-04-2022 10:30:56 :::