Punjab-Haryana High Court
State Of Haryana And Another vs Subhash Chand And Another on 30 August, 2013
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 5540 of 2013
1
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
RFA No.5540 of 2013 (O&M)
Date of Decision: 30.08.2013
State of Haryana and another
...Appellants
Versus
Subhash Chand and another
.....Respondents
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Roopak Bansal, Additional Advocate General, Haryana.
RAJESH BINDAL, J.
This order will dispose of a bunch of appeals bearing RFA Nos.5540 to 5586 of 2013, as common questions of law and facts are involved therein. However, the facts have been extracted from RFA No.5540 of 2013.
The State is in appeal impugning the award of the learned court below seeking reduction of compensation for the acquired land.
Brief facts of the case are that vide notification dated 22.02.2007, issued under Section 4 of the Land Acquisition Act, 1894 ( for short "the Act"), land measuring 47.73 acres situated in the area of village Dhankot, Tehsil and District Gurgaon was acquired by the State of Haryana for development and utilization of land for Badshahpur Nalla Phase III from Garauli Kalan upto Najafgarh drain at Gurgaon. The same was followed by notification dated 23.02.2007, issued under Section 6 of the Act. The Land Acquisition Collector (for short "the Collector") vide its award dated 20.02.2009 assessed the market value of the acquired land @ ` 20,00,000/- per acre. The landowner(s) feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide its award dated 11.04.2013 determined the market value of the acquired land @ ` 87,20,000/- per acre.
Learned counsel for the State submitted that while assessing the compensation, the learned court below has placed reliance upon sale deeds Ex.P1, Ex.P3, Ex.P4, Ex.P6 to Ex.P8, Ex.P10 to Ex.P14 and Ex.P18 Devi Sharmila 2013.09.17 16:25 I attest to the accuracy and integrity of this document Chandigarh RFA No. 5540 of 2013 2 to Ex.P21. The assessment has been made while taking average of sale consideration after applying a cut of 50% therein.
Submission is that notification under Section 4 of the Act was issued on 22.02.2007, whereas, sale deeds Ex.P3, Ex.P4, Ex.P12, Ex.P14, Ex.P19 to Ex.P21 were registered prior to the notification under Section 4 of the Act and Ex.P1, Ex.P5 to Ex.P11, Ex.P13, were registered subsequent thereto and one sale deed Ex.P18 was registered on the same very date of the notification. He further submitted that sale deeds Ex.P19 and Ex.P20 should not be considered for the reason that these were registered few days prior to the notification under Section 4 of the Act, whereas, sale deed Ex.P18 was registered on the date of the notification. If sale deeds Ex.P3 and Ex.P4 produced by the landowner(s) are considered, the same were registered on 26.06.2006 and 29.06.2006, respectively and the average sale consideration paid therein was ` 90,00,000/- per acre. A reasonable cut is to be required therein. Considering the aforesaid facts, the amount of compensation awarded deserves to be reduced.
Heard learned counsel for the State and perused the paperbook.
In the evidence led by the landowner(s), following sale deeds were produced:-
Sr. Ex. Vasika Date Land Total sale Rate per Revenue No. No. area consideration acre in ` Estate in ` K M 1 P1 1961 24/04/07 16 0 4,20,00,000 2,10,00,000 Dhankot 2 P3 7209 26/06/06 26 14 3,00,37,500 90,00,000 Dhankot 3 P4 7211 29/06/06 25 0 2,81,25,000 90,00,000 Dhankot 4 P5 1961 24/04/07 16 0 4,20,00,000 2,10,00,000 Dhankot 5 P6 25550 08/03/07 8 8 1,60,00,000 1,52,38,095 Dhankot 6 P7 25554 08/03/07 9 8 1,76,25,000 1,50,00,000 Dhankot 7 P8 25552 08/03/07 9 2 1,80,00,000 1,50,00,000 Dhankot 8 P9 1961 24/04/07 16 0 4,20,00,000 2,10,00,000 Dhankot 9 P10 1762 20/04/07 9 5 2,42,15,625 2,09,43,243 Dhankot 10 P11 1802 23/04/07 24 5 6,36,56,250 2,10,00,000 Dhankot 11 P12 9650 02/08/06 24 1 4,50,93,750 1,50,00,000 Dhankot 12 P13 9635 02/08/08 8 5 1,39,21,875 1,35,00,000 Dhankot 13 P14 11006 23/08/06 41 8 5,69,71,000 1,10,08,888 Dhankot 14 P18 24398 22/02/07 134 0 30,31,75,000 1,81,00,000 Dhankot 15 P19 23566 09/02/07 11 12 2,62,20,000 1,56,00,000 Dhankot 16 P20 22914 01/02/07 39 0 7,55,62,500 1,55,00,000 Dhankot Devi Sharmila 17 P21 15130 24/10/06 1 5 73,00,000 4,67,20,000 Dhankot 2013.09.17 16:25 I attest to the accuracy and integrity of this document Chandigarh RFA No. 5540 of 2013 3 No doubt, while assessing the compensation for the acquired land, learned court below has placed reliance upon sale deeds Ex.P1, Ex.P3, Ex.P4, Ex.P6 to Ex.P8, Ex.P10 to Ex.P14 and Ex.P18 to Ex.P21, however, the fact remains that all the sale deeds produced by the landowners pertains to the village Dhankot. Some of the sale deeds registered prior to the notification under Section 4 of the Act, whereas, one of them was registered on the date thereof and some were registered subsequent in time. The price range per acre is from ` 90,00,000/- to ` 4,67,20,000/-. Notification under Section 4 of the Act in the present case was issued on 22.02.2007. Following sale deed was registered on the date of notification under Section 4 of the Act.
Sr. Ex. Vasika Date Land area Total sale Rate per Revenue No. No. consideration acre in ` Estate K M in ` 1 P18 24398 22.02.2007 134 0 30,31,75,000 1,81,00,000 Dhankot A perusal of the aforesaid table of the sale deed shows that on 26.06.2006, 26 kanals 14 marlas of land was sold at a average price of ` 90,00,000/- per acre vide Ex.P3. The same was the sale consideration paid in Ex.P4, which was registered on 29.06.2006. There is a time gap of about 8 months. Vide sale deed Ex.P12, 24 kanals 1 marla of land was sold at an average price of ` 1,50,00,000/- per acre, which was registered on 02.08.2006. In sale deed Ex.P14, 41 kanals 8 marlas of land was sold at an average sale consideration of ` 1,10,08,888/- per acre. It was registered on 23.08.2006. In sale deed Ex.19, registered on 09.02.2007, 11 kanals 12 marlas of land was sold at an average price of ` 1,56,00,000/- per acre and in sale deed Ex.20, land measuring 39 kanals was sold at an average sale consideration of ` 1,55,00,000/- per acre. It was registered on 01.02.2007.
Sale deed Ex.18 was registered on the date of issuance of notification under Section 4 of the Act, whereby, 134 kanals of land was sold at an average price of ` 1,81,00,000/- per acre. Number of sale deeds registered prior to the issuance of notification under Section 4 of the Act, even on the same day and the area dealt with therein clearly established that a big chunk of land was being sold at an average price ranging from ` 90,00,000/- per acre to ` 1,81,00,000/- per acre.
The aforesaid fact clearly shows development in the area. Even the learned court below after considering some of the sale deeds, which Devi Sharmila 2013.09.17 16:25 I attest to the accuracy and integrity of this document Chandigarh RFA No. 5540 of 2013 4 were registered prior to the issuance of notification under Section 4 of the Act, assessed merely ` 87,20,000/- per acre as compensation for the acquired land.
Considering the aforesaid fact, I do not find that amount of compensation awarded to the landowner(s) is on higher side. Accordingly, the appeals are dismissed.
(RAJESH BINDAL) JUDGE 30.08.2013 sharmila Devi Sharmila 2013.09.17 16:25 I attest to the accuracy and integrity of this document Chandigarh