Punjab-Haryana High Court
State Of Haryana & Others vs Hemant Kumar on 29 April, 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.63 of 2005.
Date of Decision : 29.4.2010.
State of Haryana & others
......Appellants
Versus
Hemant Kumar ......Respondent
CORAM : HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Salil Bali, Advocate,
Mr. Arun Jain, Sr. Advocate with
Mr. Amit Jain, Advocate,
Mr. M.L. Sharma, Advocate with
Mr. G.S. Dhaliwal, Advocate.
Mr. Lekh Raj Nandal, AAG Haryana.
NAWAB SINGH J.(ORAL)
This judgment would dispose of above mentioned 44 appeals as the same arise out of a common acquisition.
2. RFA No. 129-32, 134-35, 137, 451 and 729-743 of 2005 have been filed by the land owners seeking enhancement of the compensation for the acquired land and RFA No. 63-83 of 2005 have been filed by the State seeking reduction of the compensation awarded to the land owners.
3. Pursuant to the notification dated October 2nd, 2001 published under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") the land in question situated at Fatehabad was acquired for the purpose of construction of District Police Lines, building of Police Station Sadar and for quarters of Police officials/men. The Land Acquisition Collector (for short the Collector) determined the market value of the acquired land at the rate of Rs.2.5 lacs per acre.
4. The land owners feeling dis-satisfied with the Award of the Collector, sought references under section 18 of the Act. The Additional District Judge/Court of Reference, Fatehabad RFA No.63 of 2005. (2) (Here in after referred to as "the Court of Reference") categorized the land into following three blocks :-
Block-A : Land situated within 2 acres of the National Highway No.10 Block-B : Land falling within next three acres Block-C : Rest of the land.
It determined the market value of the acquired land at the rate of Rs.8,60,000/-, Rs.7,40,000/- and Rs.5 lacs per acre for the land falling in block A, B and C respectively.
5. Learned counsel for the land owners has urged that vide two notifications dated July 21st, 1993 and December 21st, 1998 published under Section 4 of the Act, land of Fatehabad was acquired by the State Government. By common judgment titled Ram Kumar vs. State of Haryana dated September 22nd, 2008 (Annexure A-1), this Court determined the market value of the land acquired vide aforesaid notifications as under:-
Notification dated July 21st, 1993
(i) Land abutting National Highway No.10 upto the depth of 100 meters at the rate of Rs.260/- per square yard and;
(ii) Rs.206/- per square yard for the rest of the land.
Notification dated December 21st, 1998
(i) Land abutting National No.10 upto the depth of 100 meters at the rate of Rs.432/- per square yards.
(ii) Land beyond 100 meters from the National Highway No.10 at the rate of Rs.342/- per square yard.
(iii) Land abutting State Highway, that is, Fatehabad-Bhuna-Ambala road upto the depth of 100 meters at the rate of Rs.376/- per square yard.
(iv) Land situated in Sector 10, Fatehabad connecting National Highway No.10, that is, RFA No.63 of 2005. (3) Fatehabad-Bhuna road at the rate of Rs.359/-.
6. In the aforesaid judgment (Ram Kumar's case), the market value of the land acquired vide notification dated December 21st, 1998 was determined on the basis of the market value determined qua the land acquired vide notification dated July 21st, 1993 by giving increase of 12% in price every year which came to 66% because the time gap between the two notifications was five and a half years.
7. Against the aforesaid judgment, State filed Special Leave Petition No. CC-18157-205 of 2009 before the Hon'ble Supreme Court which was dismissed on November 23rd, 2009 (Annexure A-1).
8. Above being the factual and legal position, learned counsel for the land owners have contended that the basic price of the land acquired by the present notification should be taken at the uniform rate of Rs.432/- per square yard because the entire acquired land is situated on the National Highway No.10 and thereafter, an increase of 12% in price every year from the date of notification December 21st, 1998 and the present notification dated October 2nd, 2001 be awarded as compensation.
9. The acquired land has been shown in yellow colour in sketch plan (Exhibit P-18). It abuts the National Highway No.10 leading from Delhi to Fazilka. Fatehabad is a District Head-quarter. Judicial Court complex, Mini Secretariat, Haryana Urban Development Authority colony etc. are located in the vicinity of the acquired land. The land is certainly located in the heart of the town. It is well-defined and had great potential as commercial and building site. Under these circumstances, belting system adopted by the Court of Reference was not warranted. In holding so, this Court finds support from the authorities (i) Meharban and others vs. State of U.P. And others (1997) 6 SCC 54 wherein, a 3-Judge Bench of the Hon'ble Supreme Court held that where the entire lands are situated in well-defined and developed blocks, belting system is not reasonable and (ii) Union of India vs. Harinder Pal Singh and others RFA No.63 of 2005. (4) 2005(4) RCR(Civil) 638, in which land comprised in five villages were more or less of similar nature and character and well connected by roads, had a good deal of potentiality for development of the locality, was acquired. A Division Bench of this Court assessed the market value of the acquired land of all the villages at a uniform rate, irrespective of their location vis-a-vis the road discarding the belting method adopted by the Court of Reference. Aggrieved of the judgment, Union of India filed Civil Appeal which was dismissed by the Hon'ble Supreme Court concurring with the view taken by this Court.
10. Indeed, the price of the land acquired vide notification dated December 21st, 1998 for the land abutting the National Highway No.10 has been assessed by this Court in Ram Kumar's case (supra) at the rate of Rs.432/- per square yard which has been affirmed by the Hon'ble Supreme Court. There has been time gap of 34 months between the two notifications. Obviously, the market value had increased during this period of 34 months and as such, it would be appropriate to give an increase of 12% in price per year. By giving increase of 12% in price thus, the market value of the acquired land comes to Rs.597.09 ps per square yard. For convenience, the figure is rounded off to Rs.600/- per square yard. This figure has been calculated by this Court with the assistance of counsel for the land owners and the State. This formula of calculating the increase in the price of the land is as per the dictum of Hon'ble Supreme Court of India rendered in The General Manager, Oil & Natural Gas Corporation Limited vs. Rameshbhai Jivanbhai Patel & another 2008(4)RCR(Civil) 487.
11. So far as the market value assessed by the Court of Reference with regard to structure etc. is concerned, learned counsel for the appellants has not assailed the finding of the Court of Reference on that aspect. Thus, no interference is called for in that context.
12. In upshot, for the reasons recorded supra, the land owners are held entitled to compensation at the rate of Rs.600/- per RFA No.63 of 2005. (5) square yard. Besides this, the land owners will also be entitled to the statutory sum in accordance with Section 23(1-A) of the Act and 30% more sum in consideration of the compulsory nature of the acquisition as provided under Section 23(2) of the Act. They will also be entitled to interest as provided under Section 28 of the Act. Thus, the appeals filed by the land owners are accepted in the manner indicated above and that of the State are dismissed.
(NAWAB SINGH) JUDGE 29.4.2010.
SN