Punjab-Haryana High Court
Hsiidc vs Babu Lal And Others on 27 September, 2022
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
RFA No.494 of 2022 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RFA No.494 of 2022 (O&M)
and other connected cases
Reserved on:16.09.2022
Date of Order: 27.09.2022
HSIIDC
.Appellant
Versus
Babu Lal and others
...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Pritam Singh Saini, Advocate Mr. Vidul Kapoor, Advocate Mr. Deepak Singh Saini, Advocate for the HSIIDC.
Mr. Shailendra Jain, Sr. Advocate with Mr. Jagtar Singh, Advocate Mr. Amit Jain, Sr. Advocate with Mr. Varun Parkash, Advocate Mr. Abhishek Yadav, Advocate Mr. Neeraj Yadav, Advocate Mr. Bhuwnesh Lakhera, Advocate Mr. Hitesh Malik. Advocate Mr. Jivesh Malik, Advocate Mr. Mohak Arora, Advocate for Mr. Manish Soni, Advocate Mr. Amardeep Sheoran, Advocate Mr. Nitish Yadav, Advocate for the landowners.
Mr. Shivendra Swaroop, AAG, Haryana.
ANIL KSHETARPAL, J
1. BACKGROUND AND INTRODUCTION 1.1 This judgment shall dispose of a batch of Regular First Appeals (detail whereof is at the foot of the judgment). The Haryana State Industrial 1 of 33 ::: Downloaded on - 31-12-2022 18:13:18 ::: RFA No.494 of 2022 -2- and Infrastructure Development Corporation (for short hereinafter referred to as 'the HSIIDC') as well as landowners pray for modification of the award passed on 14.10.2021 by the Reference Court, Rewari (hereinafter referred to as 'the RC'). On the one hand, the landowners pray for enhancement in the market value assessed by the RC. On the other hand, HSIIDC (the beneficiary of the acquisition of the land) prays for its reduction while setting aside the award passed by the RC. The learned counsels representing the parties are ad idem that this bunch of appeals can conveniently be disposed of by a common judgment. Notifications under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act), are common. The Land Acquisition Collector (hereinafter referred to as 'the LAC') by different awards announced in the month of March, 2010, has offered to pay an identical amount i.e. Res.16,00,000/- per acre along with all the statutory benefits. The RC by a consolidated judgment has disposed of all the petitions filed under Section 18 of the 1894 Act.
1.2 The relevant particulars for the purpose of deciding of this batch of appeals are as under:-
Sr.No. Relevant Particualrs
Dates
1. 30.10.2008 Notification under Section 4 of the 1894 Act was
issued with respect to land measuring 5439 kanals and 18 marlas (679 acres 7 kanals 18 marlas) in villages Karnawas, Deodhai, Assalwas, Bakthala, Patuhera, Banipur, Suthni, Rudh and Bawal, for the purpose of Extension of Industrial Growth Centre, Bawal, to be planned as an integrated complex for 2 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -3- industrial, recreational and other public utilities by HSIIDC.
2. 08.07.2009 Declaration under Section 6 of the 1894 Act was published.
3. From Vide Award Numbers 1, 2, 4, 7, 8, 9 pronounced in 16.03.2010 the month of March 2010, the LAC offered to pay to Rs.16,00,000/- per acre along with all the statutory 22.03.2010 benefits for the acquired land located in village Karnawas, Deodhai, Assalwas, Bakthala, Patuhera and Banipur.
4. 17.01.2015 With respect to the acquired land located in village Deodhai, the RC assessed the market value @ Rs.22,00,000/- per acre.
5. 25.10.2017 The High Court in RFA No.3422 of 2015 and other connected cases vide judgment dated 25.10.2017, set aside the award and remanded the cases back to the RC for fresh decision.
6. 07.05.2018 In the second round, the RC uniformly assessed the market value of the acquired land @ Rs.41,24,016/-
per acre.
7. 16.12.2019 Once again, the High Court in RFA No.3146 of 2019, remanded the cases back to the RC for deciding afresh
8. 14.10.2021 Now, in the third round, the RC by a consolidated award held that the landowners are entitled to Rs.39,49,248/- per acre, with all the statutory benefits while disposing of as many as 130 applications.
1.3 On account of two different remand orders passed by the High 3 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -4- Court, the parties have led extensive evidence.
1.4 The landowners claim that the acquired land falls in the developed area as the HSIIDC has already developed Phase-I, Phase-II and Phse-III of Industrial Township at Bawal. It is submitted that the acquired land is located on National Highway No.8 and 71-A, therefore, had immense potentiality to be used it for residence, commerce and industry. It has been asserted that leading industries including M/s Asahi India Safety Glass Limited, M/s Maruti Syntex Limited, M/s Ramuka Bhogeria Cement Limited, M/s Garuda Clays Limited, M/s Mahabir Foods Limited, M/s Haryana Suraj Malt Limited, M/s Asian Cane Limited, M/s Haryana Pashupati Woolen Limited, M/s Wheels India Ltd., M/s Japan Steering, M/s Hema Radiators, M/s Sanak, M/s REI, M/s Sainik finance, M/s Exide, M/s Nerolac Paints Ltd. and M/s B.D.Decton Limited have already opened their units in the area.
1.5 The Rewari town is stated to be located at a distance of between 1 to 4 kilometers from the acquired land and Maharishi Vidya Mandir Public School and Research Centre of Haryana Agricultural University, Hisar, are also located in the vicinity of the acquired land. Fuel stations set up by Indian Oil Corporation, Bharat Petroleum and Hindustan Petroleum are located within the radius of two kilometers from the acquired land. Oil depot of Reliance Industries is also situated near the acquired land. The District Courts and Mini Secretariat, Rewari are located at distance of around 4-6 kilometers. A hotel site measuring 3250 sq. meters has been auctioned at Rs.15.5 crores. The land acquired is located within the National Capital Region Development Scheme. As the State of Haryana has already developed the area, many residential colonies have come into 4 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -5- existence. The Rajasthan Government has also developed three industrial estates at Bhiwadi, Shahjanjpur and Neemrana which are located at a distance of 10-15 kilometers from the acquired land. The landowners, while claiming that the market value of the acquired land was Rs.2 crore per acre, pray for fair assessment of the market value of the acquired land.
1.6 On the other hand, the HSIIDC while contesting the petition claim that the rate awarded by the LAC is just, fair, adequate and reasonable.
1.7 The RC culled out the following issues:-
1. What was the market value of the acquired land on the date of notification No.32/11/2008-4-IB-1 dated 30.10.2008 under Section 4 of the Land Acquisition Act, 1894 ?OPP
2. Relief."
2. EVIDENCE PRODCUED BY THE PARTIES 2.1 In oral evidence the landowners have examined the following witness in the respective cases:-
PW1 Satish Kumar
PW2 Naresh Raj
PW3 Sajjan Singh
PW4 Rajesh Kumar, Assistant Registration Clerk, Office of
sub-Registrar, Rewari
PW5 Banwari lal, Patwari, Halqa Karanwas
PW6 S.S.Lamba, Manager Estate, HSIIDC Bawal
PW7 Mahabir Singh, Civil Draftsman, District Court, Rewari
PW8 Sanjay Mishra, Manager, Personnel of M/s Indo Nisan
Foods Ltd. Mile Stone 91 of NH-8, Village Deodhai. Chandgi Ram vs. State of Haryana and others Ramesh vs. State of Haryana and others Man Singh vs. State of Haryana and others Ramphal vs. State of Haryana and others Kamal Singh vs State of Haryana and others PW9 Vinod Kumar 5 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -6- PW16 Man Singh PW17 Dinesh Kumar PW7 Ramotar PW7 Jaswant Singh PW6 Hazari Lal PW7 Ramphal Chandi Ram and another vs. State of Haryana and others PW1 Battu Ram PW2 Man Singh PW3 Santoshanand, Patwari, Halqa Banipur PW4 S.S.Lamba, Manager PW5 Surender Kaur PW6 Rampal PW7 Om Parkash Yadav, Draftsman PW8 Mehar Chand PW9 Dr. Gurprit Singh PW10 Om Parkash, Draftsman PW11 Hari Om , Clerk, DTP Officer, Rewari PW12 Jitender Kumar, ARC, Bawal PW13 Abhey Singh PW14 Sunita Yadav PW15 Harish Sharma, DGM, NHAI, Regional Officer, Jaipur PW16 JayShridhar, Surveyor from Maverick Engineers Pvt.
Ltd.
Kamal Singh vs. State of Haryana and others PW1 Attar Singh PW2 Sumer Singh PW3 Vijay Singh, Patwari Halqa Bawal PW4 S.S.Lamba, Manager PW5 Kamal Singh PW6 Mahabir Yadav, Draftsman RW1 Ashok Kumar RW2 Jitender Singh, Clerk, SDM Officer, Bawal.
Man Singh and others Versus State of Haryana PW1 Satpal PW2 Basti Ram PW3 Patram PW4 Rakesh Kumar, Halqa Patwari, Karnawas 6 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -7- PW5 Ram Kumar, Halqa Patwari, Banipur PW6 S.S. Lamba, Manager PW7 Jaswant Singh RW1 Rajeev Kumar, Computer Operator RW2 Om Parkash, Clerk RW3 Ashok Kumar RW4 Sunil, Registration Clerk, Tehsil Bawal RW5 Narender Kumar, ARC, Tehsil-Rewari Ramesh Kumar and another vs. State of Haryana and others PW1 Daulat Ram PW2 Rakesh Kumar PW3 Ram Kumar, Patwari Halqa Banipur PW4 Rakesh Kumar, Patwari, Halqa Gokalgarh PW5 S.S.Lamba, Senior Manager PW6 Mahabir Singh, Draftsman RW1 Ashok Kumar RW2 Narender, ARC Ramphal and another vs. State of Haryana and others PW1 Gordhan PW2 Umrao Singh PW3 Santoshanand, Patwari, Halqa Banipur PW4 Abhey Singh, Legal Assistant, HSIIDC PW5 Mahabir Singh, Draftsman RW1 Ashok Kumar RW2 Jitender Kumar, Clerk, SDM Office, Bawal 2.2 In documentary evidence, the landowners have produced (apart from the sale deeds, a tabulated compilation of which given in para 5.1) the following documents in the various cases:-
Ex.P6 Aks-sajra Ex.P7 Allotment letter in favour of M/s. Jhankar Consultancy (P)
Ltd. Bearing Memo No. 186-87 dated 27.04.2006.
Ex.P8 Site Plan of the acquired land. Ex.P9 Letter bearing No. Ref.NHAI/KTP/NOC/03-04/1175 dated 7 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -8- 20.11.2003 regarding NOC for access from National Highway.
Ex.P10 Memorandum and Articles of association of Indo Nissin Foods Limited, Banglore.
Ex.P1 Site plan of the acquired land of village-Asalwas. Ex.SKP-1 Newyork State Identification. Ex.SKP-3 Conveyance deed in favour of Mr. Gurprit Singh regarding apartment No. T-05-04-03 Common Wealth Games Village- Delhi.
Ex.SKP-4 Jamabandi for the year 2005-06 related to village-Asalwas. Ex.SKP-4/A Aks-sajra of village-Asalwas. Ex.SKP-4/B Copy of mutation No. 738. Ex.SKP-5 Memo No. IE/CWP/5548/2009 dated 10.12.2009. Ex.SKP-6 Notification dated 23.05.1997. Ex.SKP-7 Notification dated 08.07.2004. Ex.SKP-8 Notification dated 05.12.2005. Ex.SKP-9 Notification dated 13.03.2006. Ex.SKP-10 Notification dated 08.06.2007. Ex.SKP-11 Notification dated 27.02.2008. Ex.SKP-12 Site Plan of the acquired land of village-Asalwas. Ex.SKP-13 Details of Major industries, Bawal. Ex.SKP-14 Memo No. NHAI/18012/1/2012/ROJ-Access/P.P./2022 dated 10.09.2012.
Ex.SKP-14-A Memo No. NHAI/MC-II/Access-P.P./KM67.954/RHS/NH-
8/114 dated 12.08.2009.
Ex.SKP-15 Memo No. NH-12017/849/2009/HR/NH-1 dated 02.09.2009.
Ex.SKP-16 Drafts Development plan for the year 2021 Bawal. Ex.SKP-18 Memo No. 3393 dated 15.07.2010. Ex.SKP-19 Memo No. 186-87 dated 27.04.2006 for allotment of budget hotel site at Grown Centre, Bawal.
Ex.SKP-27 Request letter for providing access from NH-8 to plot of land.
Ex.PW3/A Aks-sajra. Ex.PW3/B Mutation No. 763. Ex.PW3/C Mutation No. 837. Ex.PW4/A Copy of allotment letter in favour of M/s Jhankar
Consultancy (P) Ltd. bearing Memo No. 186-87 dated 27.04.2006.
8 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -9- Ex.PW11/A Memo No. 3385 dated 15.07.2010 given by the DTP, Rewari to M/s. Surinder Kaur.
Ex.PW11/B Memo No. 3393 dated 15.07.2010 given by the DTP Rewari to M/s. Surinder Kaur.
Ex.PW14/1 Aks-sajra.
Ex.PW14/2 Copy of mutation No. 714.
Ex.P29 Copy of the order dated 14.09.2010 passed by Hon'ble High Court of Punjab and Haryana at Chandigarh in RFA No. 3541 of 2006 titled as Nandram and others Versus State of Haryana and others.
Ex.P30 Copy of the order dated 26.11.2014 passed by Hon'ble Supreme Court of India in Civil Appeal No. 9553 of 2011 titled as HSIIDC Versus Nand Ram and others.
Ex.SKR-1 Memo bearing no. NHAI/18012/1/2012/ROJ-
Access/P.P./2022 dated 10.09.2012. Ex.SKR-2 Memo bearing no. NHAI/12017/849/2002/HR-NH-1 dated 02.09.2009.
Ex.SKR-3 Survey map of acquired land. Ex.SKR-4 Layout plan of phase I and IV IMT Bawal. Ex.SKR-5 Layout plan of phase I to IV IMT Bawal. Ex.SKR-6 Visiting card of Jay Shridhar. Ex.SKR-7 Notification dated 03.09.2014. Ex.SKR-7 Award no. 2 dated 26.02.2014 related to the acquisition of the land situated in village- Kasola. Ex.SKR-8 Award no. 9/R dated 04.12.2014 related to the land situated in village-Deodhai.
Ex.SKR-9 Award no. 11/R dated 04.12.2014 related to the land situated in village-Bakhapur.
Ex.SKR-10 Copy of the notification dated 03.09.2014 in Hindi. Ex.SKR-11 Copy of the notification dated 03.09.2014 in English.
Ex.P1 Site plan. Ex.P2 Copy of the order dated 14.09.2010 passed by Hon'ble High
Court of Punjab and Haryana at Chandigarh in RFA No. 3541 of 2006 titled as Nandram and others Versus State of Haryana and others.
Ex.P3 Copy of the order dated 26.11.2014 passed by Hon'ble Supreme Court of India in Civil Appeal No. 9553 of 2011 titled as HSIIDC Versus Nand Ram and others. Ex.P4 Certified copy of the award dated 17.01.2015 delivered in LA case No. 161 of 2011 titled as Babu Lal and others 9 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -10- Versus State of Haryana and others.
Ex.P1 Certified copy of the award dated 17.01.2015 delivered in LA case No. 161 of 2011 titled as Babu Lal and others Versus State of Haryana and others.
Ex.PW4/A Aks-sajra related to village-Karnawas. Ex.PW4/B Aks-sajra related to village-Deodhai. Ex.PW4/C Jamabandi for the year 2010-2011 related to village-
Karnawas.
Ex.PW5/A Aks-sajra related to village-Banipur. Ex.PW5/B Aks-sajra related to village-Asalwas. Ex.PW5/C Aks-sajra related to village-Karnawas. Ex.PW5/D Jamabandi for the year 2005-2006 related to village-Asalwas. Ex.PW5/E Jamabandi for the year 2008-2009 related to village-Banipur. Ex.PW5/F Jamabandi for the year 2009-10 related to village-Patuhera. Ex.PW6/A Allotment letter in favour of M/s. Jhankar Consultancy (P) Ltd. bearing Memo No.186-87 dated 27.04.2006.
Ex.P1 Site plan. Ex.P2 Copy of the award dated 17.01.2015 delivered in LA case No.
161 of 2011 titled as Babu Lal and others Versus State of Haryana and others.
Ex.PW3/A Aks-sajra related to village-Asalwas.. Ex.PW3/B Jamabandi for the year 2005-06 related to village-Asalwas. Ex.PW4/A Aks-sajra related to village-Deodhai. Ex.PW4/B Aks-sajra related to village-Karnawas. Ex.PW4/C Jamabandi for the year 2010-2011 related to village-Karnawas. Ex.PW5/A Allotment letter in favour of M/s. Jhankar Consultancy (P) Ltd.
bearing Memo No.186-87 dated 27.04.2006.
Ex.P-1 Aks-sajra related to village-Patuhera. Ex.P-2 Aks-sajra related to village-Asalwas. Ex.P-3 Aks-sajra related to village-Banipur. Ex.P-4 Copy of Mutation No. 636 related to village-Patuhera. Ex.P-5 Copy of Mutation No. 631 related to village-Patuhera. Ex.P-6 Copy of Mutation No. 624 related to village-Patuhera. Ex.P-7 Copy of Mutation No. 622 related to village-Patuhera. Ex.P-8 Site plan related to the land situated in villages-Patuhera, Asalwas, Banipur, Chirhara, Deodhai and Karnawas.
10 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -11- Ex.P-9 Certified copy of the award dated 17.01.2015 delivered in LA case No. 161 of 2011 titled as Babu Lal and others Versus State of Haryana and others.
2.3 In oral evidence, the HSIIDC and the State of Haryana has examined the following witnesses:-
RW1 Dayanand. ARC Sub Registrar Office, Rewari RW2 Dayanand, Ahlmad to SDO (Civil)-cum-LAC, Rewari RW3 Rajpal Yadav, Draftsman RW4 Krishan Kumar, Manager (UT), HSIIDC, IMT, Bawal RW5 Jitender Kumar, HRC office of Deputy Commissioner, Rewari Chandgi Ram and another vs. State of Haryana and others RW1 Rajeev Kumar, Computer Operator RW2 Ashok Kumar RW3 Sunil, Registration Clerk, Tehsil Bawal Man Singh and others vs. State of Haryana PW1 Satpal PW2 Basti Ram PW3 Patram PW4 Rakesh Kumar, Halqa Patwari, Karnawas PW5 Ram Kumar, Halqa Patwari, Banipur PW6 S.S. Lamba, Manager PW7 Jaswant Singh RW1 Rajeev Kumar, Computer Operator RW2 Om Parkash, Clerk RW3 Ashok Kumar RW4 Sunil, Registration Clerk, Tehsil Bawal RW5 Narender Kumar, ARC, Tehsil-Rewari RW1 Ashok Kumar RW2 Jitender Kumar, Clerk SDM Office, Bawal 2.4 The HSIIDC as well as the State of Haryana, in order to prove their case, have produced and relied upon the various documents (apart from 11 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -12- the sale deeds, a tabulated compilation of which is provided in para 5.1):-
Ex.RW2/1 Copy of notification No. 3/11/2008-4-IB-1 dated 31.10.2008 under Section-4 of the Land Acquisition Act, 1894. Ex.RW2/2 Copy of notification No. 3/11/2008-4-IB-1 dated 08.07.2009 under Section-6 of the Land Acquisition Act, 1894. Ex.RW2/3 Copy of award No.1 dated 16.03.2010 related to acquired land situated in village-Deodhai.
Ex.RW2/4 Proceedings of meeting regarding fixation of Collector Rates on 08.03.2010.
Ex.RW3/I Site plan related to the land situated in villages Karnawas and Deodhai.
Ex.RW4-1 Copy of the policy for rehabilitation and resettlement of land owners-Land Acquisition Questees.
Ex.RW4-2 Annuity detail for the land acquired of village Deodhai. Ex.RW4-3 Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007. Ex.RW4-4 Details of the development works undertaken by HSIIDC in the villages whose land has been acquired.
Ex.RW4-5 Letter No.HSIIDC : C&H: 2012:1390 dated 19.04.2012 whereby budged hotel site, Growth Centre, Bawal allotted to M/s Jhankar Ex. List of Collector rates for the land of villages of District-
RW5/A Rewari in the year 2007-08. EX.RA Copy of sale deed No. 1052 dated 24.08.2007. EX.RB Copy of sale deed No. 6458 dated 28.11.2007. EX.RC Copy of sale deed No. 6665 dated 06.12.2007. EX.RD Copy of sale deed No. 1301 dated 30.05.2008.
Ex.RW1/A Attested copy of award no.9 dated 22.03.2010 related to the land situated in village-Asalwas.
Ex.RW1/B Copy of notification dated 31.10.2018 under Section-4 of Land Acquisition Act, 1894.
Ex.RW1/C Copy of notification dated 08.07.2009 under Section-6 of Land Acquisition Act, 1894.
Ex.RW1/D Statement- 19 related to the land of the petitioners Chandgi Ram and Kanwal Singh.
Ex.RW2/B Copy of the rehabilitation and resettlement policy vide notification dated 07.12.2007.
Ex.RW2/C Details of annuity.
12 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -13- Ex.RW2/D Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007.
Ex.RW2/E Public Notice.
Ex.RW2/F Terms and conditions for eligibility of allotment of residential plots.
Ex.RW2/G List of development works undertaken by HSIIDC in the villages whose land is acquired.
Ex.RW2/H Memo dated 19.04.2012 regarding resumption of the budget hotel site allotted to M/s. Jhankar Consultations Pvt. Ltd. Ex.RW2/I Proceedings of the meeting regarding fixation of Collector rates dated 08.03.2010.
Ex.RZ Statement of the Land Acquisition Collector. Ex.RZ/A Copy of the notice to the land owners.
Ex.RZ/B List of the sale deeds. Ex.RA Memo No.IE/LA/3677A2K6M/RWR/Part-IV/91-A dated
02.01.2015 withdrawing the land for Manesar and Bawal Division from acquisition in public interest.
Ex.RB List of sale deeds. Ex.RC Statement of Land Acquisition Collector. Ex.RD Statement No.19. Ex.RE Award no.2 dated 16.03.2010 related to the land measuring
62 Kanal 02 Marla situated in village-Banipur. Ex.RF Certified copy of sale deed no. 6665 dated 06.12.2007 related to land measuring 04 Kanal 03 Marla situated in village- Karnawas.
Ex.RG Certified copy of sale deed no. 5854 dated 29.10.2007 related to land measuring 08 Kanal 08 Marla situated in village- Karnawas.
Ex.RH Certified copy of sale deed no. 1301 dated 30.05.2008 related to land measuring 08 Kanal 03 Marla situated in village- Karnawas.
Ex.RI Certified copy of sale deed no. 6458 dated 28.11.2007 related to land measuring 02 Kanal situated in village-Karnawas. Ex.RW1/B Copy of the notification dated 07.12.2007 related to the policy for rehabilitation and resettlement of land owners- Land Acquisition Oustees.
Ex.RW1/C Annuity detail for the land acquired of village Bawal. Ex.RW1/D Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007.
Ex.RW1/E Public notice.
13 of 33
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Ex.RW1/F Terms and conditions regarding eligibility for allotment of residential plots.
Ex.RW1/G Details of the development works undertaken by HSIIDC in the villages whose land has been acquired. Ex.RW1/H Proceedings of meeting regarding fixation of Collector Rates on 08.03.2010.
Ex.RW1/I Memo No.HSIIDC.. C&H..2012-1399 dated 19.04.2012 vide which the budget hotel site allotted to M/s. Jhankar consultant Pvt. Ltd. was resumed.
Ex.RW1/J IMT Bawal layout plot of phase-I to IV.
Ex.RW1/A Copy of award no.4 dated 16.03.2010 respecting the acquired land situated in village-Bagthala. Ex.RW1/B Statement No.19.
Ex.RW1/C Statement of Land Acquisition Collector. Ex.RW1/D Attested copy of the notification dated 31.10.2008 under Section-4 of the Land Acquisition Act, 1894. Ex.RW1/E Attested copy of the notification dated 06.07.2019 under Section-6 of the Land Acquisition Act, 1894. Ex.RW2/A List of Collector rates of Tehsil-Bawal for the year 2006-07. Ex.RW2/B List of Collector rates of Tehsil-Bawal for the year 2007-08. Ex.RW2/C List of Collector rates of Tehsil-Bawal for the year 2008-09. Ex.RW3/B Copy of the notification dated 07.12.2007 related to the policy for rehabilitation and resettlement of land owners- Land Acquisition Oustees.
Ex.RW3/C Annuity detail for the land acquired of village Bawal. Ex.RW3/D Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007. Ex.RW3/E Public notice.
Ex.RW3/F Terms and conditions regarding eligibility for allotment of residential plots.
Ex.RW3/G Details of the development works undertaken by HSIIDC in the villages whose land has been acquired. Ex.RW3/H Memo dated 19.04.2012 regarding resumption of the budget hotel site allotted to M/s. Jhankar Consultations Pvt. Ltd. Ex.RW3/J Proceedings of meeting regarding fixation of Collector Rates on 08.03.2010.
Ex.RW3/K IMT Bawal layout plot of plase-I to IV.
Ex.RA List of sale deeds. Ex.RB Memo No.IE/LA/3677A2K6M/RWR/Part-IV/91-A dated
02.01.2015 withdrawing the land for Manesar and Bawal 14 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -15- Division from acquisition in public interest.
Ex.RW1/B Copy of the policy for rehabilitation and resettlement of land owners-Land Acquisition Questees. Ex.RW1/C Annuity details as per R&R policy at IMT Bawal. Ex.RW1/D Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under resettlement and rehabilitation policy dated 07.12.2007.
Ex.RW1/E Public notice. Ex.RW1/F Terms and conditions for allotment of residential plots under
the rehabilitation and resettlement policy dated 07.12.2007. Ex.RW1/G Details of the development works undertaken by HSIIDC in the villages whose land has been acquired. Ex.RW1/H Letter No.HSIIDC:C&H:2012-1390 dated 19.04.2012 whereby budget hotel site, Growth Centre, Bawal allotted to M/s. Jhankar Consultants Pvt. Ltd. was resumed. Ex.RW1/J Proceedings of meeting regarding fixation of Collector Rates on 08.03.2010.
Ex.RW1/K Layout plan of phase I to IV IMT Bawal.
Ex.RW2/1 List of sale deeds submitted by HSIIDC And Ex.RB Ex.RD Statement No.19. Ex.RC Statement of Land Acquisition Collector. Ex.RE Copy of award no.8 dated 18.03.2010 related to the land
measuring 641 Kanal 15 Marla situated in village-Patuhera. Ex.RF Certified copy of sale deed no. 6665 dated 06.12.2007 related to land measuring 04 Kanal 03 Marla situated in village- Karnawas.
Ex.RG Certified copy of sale deed no. 5854 dated 29.10.2007 related to land measuring 08 Kanal 08 Marla situated in village- Karnawas.
Ex.RH Certified copy of sale deed no. 6458 dated 28.11.2007 related to land measuring 02 Kanal situated in village-Karnawas. Ex.RI Certified copy of sale deed no. 1301 dated 30.05.2008 related to land measuring 08 Kanal 03 Marla situated in village- Karnawas.
Ex.RW1/B Copy of the policy for rehabilitation and resettlement of land owners-Land Acquisition Oustees.
Ex.RW1/C Annuity details as per R&R policy at IMT Bawal. Ex.RW1/D Public Notice inviting applications from oustees/erstwhile land owners for allotment of residential plots under 15 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -16- resettlement and rehabilitation policy dated 07.12.2007.
Ex.RW1/E Public notice. Ex.RW1/F Memo dated 19.04.2012 regarding resumption of the budget
hotel site allotted to M/s. Jhankar Consultations Pvt. Ltd. Ex.RW1/G Proceedings of the meeting regarding fixation of Collector rates dated 08.03.2010.
Ex.RW1/H Layout plan of phase I to IV IMT Bawal. Ex.RW2/1 Copy of sale deed No. 6665 dated 06.12.2007 related to land measuring 04 Kanal 03 Marla situated in village-Karnawas. Ex.RW2/2 Copy of sale deed no. 5854 dated 29.10.2007 related to land measuring 08 Kanal 08 Marla situated in village-Karnawas. Ex.RW2/3 Copy of sale deed No. 6458 dated 28.11.2007 related to land measuring 01 Kanal 06 Marla situated in village-Karnawas. Ex.RW2/4 Copy of sale deed No. 1301 dated 30.05.2008 related to land measuring 03 Kanal 08 Marla situated in village-Karnawas. Ex.RA Statement of Land Acquisition Collector.
Ex.RB Statement No.19. Ex.RC Award no.7 dated 17.03.2010 related to the land measuring
590 Kanal 11 Marla situated in village-Karnawas. Ex.RD Copy of Memo No.IE/LA/3677A2K6M/RWR/Part-IV/91-A dated 02.01.2015 Ex.RW-E List of sale deeds submitted by HSIIDC.
3. REASONS RECORDED BY THE RC AND ANALYSIS THEREOF 3.1 Before proceeding further, it would be appropriate to analyse the reasons recorded by the RC while assessing the market value of the acquired land @ 39,49,248/- per acre.
(i) The first reason to exclude most of the sale deeds produced by HSIIDC is based on wrong interpretation of Section 25 of the 1894 Act. There is no bar/prohibition from taking into account the sale deeds produced by the parties which reflect a price lower than the amount assessed by the LAC. The bar is only on awarding a price which is lower than the amount assessed by the LAC. This matter is no longer res integra in view of the judgment passed by the Supreme Court in Lal Chand vs. 16 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -17- Union of India and another (2009) 5 SCC 769.
(ii) The second reason assigned by the RC is, equally erroneous.
The Court has held that the entire acquired land has equal potentiality because the entire land could be used for commercial purpose. In my considered view, the RC has examined the issue from a wrong perspective. The potentiality of the land is required to be examined in the context of the acquired land as on 30.10.2008 i.e. the date of notification under Section 4 of the 1894 Act. Subsequently, after the planned development, the entire land may be put to the same use or may have the potential to be used for the commercial purpose. However, the court for the purpose of assessing the market value of the acquired land is required to see the position as it exists on 31.10.2008 while ignoring the future avenues for which the acquired land may be utilized after its planned development. It is evident on careful examination of the sale deed Ex.P1, Ex.P2 and Ex.P3 that the price of the parcels of land located on the National Highway is much higher when compared with the land located in the interiors i.e. away from the National Highway. After planned development of the area, the entire land may be used for commercial purposes as the roads would be carved out in order to make even the last corner of the property accessible through road. However, as the acquired land exists on the relevant date of notification, the parcel of land located in the interior i.e. far away from the National Highway, having no passage, cannot be used for commercial purposes, 17 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -18- unless a proper passage is provided. On the other hand, it is required to be noticed that the parcel of land located on the National Highway is capable of being used for commercial purposes without any further development. On a careful reading of sale deed Ex.P1, it is evident that 85 kanals and 16 marlas of land located on the National Highway has been purchased by IVRPUDL Resorts and Clubs Pvt. Ltd. Thus, even without development, the aforesaid parcel of land is capable of being used for commercial purposes in view of its accessibility from the road.
(iii) The next reason assigned by the RC, while applying deduction of 60% after taking the average price of sale deeds Ex.P1, Ex.P2 and Ex.P3, also does not have sound basis.
(iv) The RC has further erred in observing that because the sale deeds are executed between corporate entities whereas the land has been acquired for public purpose and not for profit purpose, therefore, the landowners are not entitled to the same amount as reflected by the sale deeds. While assessing the market value of the acquired land, the Court is required to analyze the area, its potentiality, its geographical location amongst various other factors. In the present case, it is established on the file that HSIIDC has already acquired land for the development of Industrial Model Township, Phase-I, Phase-II and Phase-III before the issuance of notification on 30.10.2008. This acquisition is for its extension. In such circumstances, sale deeds between corporate entities could not be ignored.
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(v) Moreover, the RC was equally erroneous while observing the land has been acquired for public purposes, therefore, the landowners are not entitled to the prevalent market value. The landowners are being deprived of the land on account of involuntary acquisition. Hence, they are entitled to the market value, as existing on the date of notification under Section 4 of the 1894 Act.
4. ARGUMENTS ADDRESSED BY THE LEARNED COUNSELS 4.1 This Bench has heard the learned counsels representing the parties at length and with their able assistance perused the paper book.
4.2 The learned senior counsels representing the landowners submit that the HSIIDC has been acquiring the land in the area since 1992 continuously. Hence, the acquired land was already a commercial land. It is contended that the court has erred in taking the average of the price of Ex.P1, Ex.P2 and Ex.P3 and thereafter, deducting 60% of the value on account expenses in the development of the same. Once commercial land is being acquired, then, determining its market value as an agricultural land and applying deduction of 60% is not appropriate. At the most, 10% deduction could be applied keeping in view the facts and circumstances of the present case. The learned counsels place reliance on sale deed (Ex.P3) and contend that the market value of acquired land on the basis of Ex.P3 comes to Rs.1,26,63,829/-.
4.3 Per contra, the learned senior counsel representing the HSIIDC contends that the HSIIDC has produced various sale exemplars which clearly prove that the market value of the parcels of land located in the 19 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -20- interiors (far away from the National Highway no.8) was below the amount offered by the LAC. While referring to the various sale exemplars, it is contended that the RC committed an error in relying upon Ex.P1, Ex.P2 and Ex.P3.
5. DISCUSSION BY THIS COURT 5.1 In order to determine the true market value of the acquired land, it is considered appropriate to compile the complete information with regard to various sale deeds produced by the respective parties in a table, for the sake of clarity and brevity. Accordingly, the table is compiled as under:-
Exhibits Sale Date Total Area Sale Price per acre Village Sr. deed No. consideration Rs.
No. Rs. 1. RW2/1/ 155 05.05.2008 1K-15M 3,15,000/- 14,40,000/- Bawal RWE/1/ RW4/1/ RW3/1 2. RW2/2/ 169 08.052008 4K-4M 8,00,000/- 15,23,810/- Bawal RWE/2/ RW4/2/ RW3/2 3. RW2/3/ 180 08.05.2008 3K 5,65,000/- 15,06,667/- Bawal RWE/3/ RW4/3/ RW3/3 4. RW2/4/ 214 13.05.2008 7K-19M 14,40,000/- 14,09,057/- Bawal RWE/4/ RW4/4/ RW3/4 5. RW2/5/ 1052 24.08.2007 2A-6K-4M 33,30,000/- 12,00,000/- Bawal RWE/5/ RW4/5/ RW3/5/ Ex.RA 6. RW2/6/ 1063 24.08.2007 6K-6M 9,45,000/- 12,00,000/- Bawal RWE/6/ RW4/6/ RW3/6 7. RW2/7/ 1122 31.08.2007 1K-10M 3,00,000/- 16,00,000/- Bawal RWE/7/ RW4/7/ RW3/7 8. RW2/8/ 1126 31.08.2007 2A-1K-6M 27,00,000/- 12,48,555/- Bawal RWE/8/ RW4/8/ RW3/8 9. RW2/9/ 1157 10.09.2007 2K-6M 3,45,000/- 12,00,000/- Bawal RWE/9/ 20 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -21- RW4/9/ RW3/9 10. RW2/10/ 1295 27.09.2007 6A-1K- 74,70,000/- 12,00,000/- Bawal RWE/10/ 16M RW4/10/ RW3/10 11. RW2/11/ 1364 11.10.2007 1A-1K-9M 14,25,000/- 12,06,349/- Bawal RWE/11/ RW4/11/ RW3/11 12. RW2/12/ 1434 29.10.2007 4K 6,00,000/- 12,00,000/- Bawal RWE/12/ RW4/12/ RW3/12 13. RW2/13/ 1531 19.11.2007 1A-4K-8M 18,60,000/- 12,00,000/- Bawal RWE/13/ RW4/13/ RW3/13 14. RW2/14/ 1556 26.11.2007 1A-0K-5M 12,37,500/- 12,00,000/- Bawal RWE/14/ RW4/14/ RW3/14 15. RW2/15/ 1468 05.11.2007 47 Sq. 47,000/- 48,40,000/- Bawal RWE/15/ Yards RW4/15/ RW3/15 16. RW2/16/ 1676 20.12.2007 4K-5M 6,37,500/- 12,00,000/- Bawal RWE/16/ RW4/16/ RW3/16 17. RW2/17/ 1702 27.12.2007 4K 7,00,000/- 14,00,000/- Bawal RWE/17/ RW3/17 18. RW2/18/ 1724 28.12.2007 5K-19M` 9,00,000/- 12,10,084/- Bawal RWE/18/ RW4/17/ RW3/18 19. RW2/19/ 1780 09.01.2008 1K-4M 1,80,000/- 12,00,000/- Bawal RWE/19/ RW4/18/ RW3/19 20. RW2/20/ 1689 24.12.2007 1A-6K 21,00,000/- 12,00,000/- Bawal RWE/20/ RW4/19/ RW3/20 21. RW2/21/ 2194 19.03.2008 2A-4K 36,00,000/- 14,40,000/- Bawal RWE/21/ RW4/20/ RW3/21 22. RW2/22/ 610 15.07.2008 3K-6M 5,94,000/- 14,40,000/- Bawal RWE/22/ RW4/21/ RW3/22 23. RW2/23/ 522 30.06.2008 2K-19M 5,31,000/- 14,40,000/- Bawal RWE/23/ RW4/22/ RW3/23 21 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -22- 24. RW2/24/ 526 02.07.2008 7K-13M 13,77,000/- 14,40,000/- Bawal RWE/24/ RW4/23/ RW3/24 25. RW2/25/ 562 08.07.2008 3K-6M 5,94,000/- 14,40,000/- Bawal RWE/25/ RW4/24/ RW3/25 26. RW2/26/ 575 09.07.2008 7K-7M 13,23,000/- 14,40,000/- Bawal RWE/26/ RW4/25/ RW3/26 27. RW2/27/ 462 20.06.2008 2K 1,50,000/- 6,00,000/- Panwar RWE/27/ RW4/26/ RW3/27 28. RW2/28/ 1020 20.08.2007 3K-13M 4,57,000/- 10,01,644/- Patuhera RWE/28/ RW4/32/ RW3/28 29. RW2/29/ 26 04.04.2008 7K 5,25,000/- 6,00,000/- Bagthala RWE/29/ RW4/33/ RW3/29 30. RW2/30/ 1728 31.12.2007 1K-15M 1,10,000/- 5,02,857/- Bagthala RWE/30/ RW4/34/ RW3/30 31. RW2/31/ 1682 24.12.2007 1A-0K- 5,47,000/- 5,00,114/- Bagthala RWE/31/ 15M RW4/35/ RW3/31 32. RW2/32/ 1550 23.11.2007 1K-16M 1,12,500/- 5,00,000/- Bagthala RWE/32/ RW4/36/ RW3/32 33. RW2/33/ 1618 07.12.2007 7K-2M 4,43,750/- 5,00,000/- Bagthala RWE/33/ RW4/37/ RW3/33 34. RW2/34/ 473 23.06.2008 7K 5,25,000/- 6,00,000/- Bagthala RWE/34/ RW4/38/ RW3/34 35. RW2/35/ 454 19.06.2008 2K 1,50,000/- 6,00,000/- Bagthala RWE/35/ RW4/39/ RW3/35 36. RW2/36/ 392 10.06.2008 1A-1K-0M 7,00,000/- 6,95,652/- Bagthala RWE/36/ RW4/40/ RW3/36 37. RW2/37/ 2153 10.03.2008 1Acre 6,00,000/- 6,00,000/- Bagthala RWE/37/ RW4/41/ RW3/37 38. RW2/38/ 1110 30.08.2007 2K-16M 1,75,000/- 5,00,000/- Bagthala RWE/38/ 22 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -23- RW4/42/ RW3/38 39. RW2/39/ 110 25.04.2008 1A-2K-7M 20,70,000/- 16,00,000/- Asalwas RWE/39/ RW4/43/ RW3/39 40. RW2/40 1985 03.01.2007 1K-13M 1,65,000/- 4,98,113/- Banipur 41. RW2/41 984 09.08.2006 15K-3M 5,00,000/- 2,64,026/- Banipur 42. Ex.R-F/ 6665 06.12.2007 4K-3M 5,71,000/- 11,00,723/- Karnawas RW2/1/ RW5/A/ RW31/ Ex.RW1/3/ Ex.RC 43. Ex.R-G/ 5854 29.10.2007 1A-0K-8M 11,55,000/- 11,00,000/- Karnawas RW2/2/ RW5/D/ Ex.RW/ Ex.RW1/1 44. Ex.RW-H/ 6458 28.11.2007 2K 3,00,000/- 12,00,000/- Karnawas RW2/3/ RW5/B/ Ex.RW3/ Ex.RW1/2/ Ex.RB 45. Ex.RW-I/ 1301 30.05.2008 1A-0K-3M 13,24,500/- 13,00,123/- Karnawas RW2/4/ RW5/C/ Ex.RW/ RW1/4/ Ex.RD Sr. Exhibits Sale dated Area Sale Price per Village No deed consideration Acre . No. Rs. Rs. 1. PW4/3 4676 30.10.2009 1A-3K-9M 67,27,000/- 47,00,087/- Dodhhai 2. P-27 2254 15.02.2007 5K-1M 15,80,000/- 25,02,970/- Asalwas 3. P-28 2255 15.02.2007 5K-1M 15,80,000/- 25,02,970/- Asalwas 4. SKP-17 199 05.05.2006 13K-16M 43,12,500/- 25,00,000/- Asalwas 5. SKP-20 2386 06.03.2007 5M 5,00,000/- 1,60,00,000/- Asalwas 6. SKP-21 1513 13.10.2006 9M 8,00,000/- 1,42,22,222/- Asalwas 7. SKP-22 1655 14.12.2007 34 sq.yards 5,40,000/- 7,68,70,588/- Bawal 8. SKP-23 1243 19.09.2007 160 sq.yards 15,80,000/- 4,77,95,000/- Bawal 9. SKP-24 1719 22.11.2006 1 Marla 3,80,000/- 6,08,00,000/- Chirhara 10. SKP-25 1720 22.11.2006 1 Marla 3,80,000/- 6,08,00,000/- Chirhara 11. SKP-26 622 20.06.2007 133 sq. 10,64,000/- 3,87,20,000/- Chirhara yards
12. Ex.PXSK/ 6257 16.11.2007 7A-2K-15M 9,30,00,000/- 1,26,63,830/- Dodhhai 1/Ex.P-3
13. Ex.PXSK/ 6800 12.12.2007 4A-0K-4M 3,96,36,000/- 98,47,453/- Dodhhai 2/Ex.P-2 23 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -24-
14. Ex.PXSK/ 179 10.04.2008 10A-5K- 8,55,00,000/- 79,22,028/- Dodhhai 3/Ex.P-1 16M
15. Ex.P-4 7800 22.12.2006 1K-2M 5,61,614/- 40,84,465/- Dodhhai
16. Ex.P-5 854 09.05.2007 18M 5,45,000/- 48,44,444/- Dodhhai 5.2 It may be noted here that in evidence, various layout plans have been produced by the parties. The layout plan Ex.RW3/1 is with respect to the property located in village Karnawas. It is evident that acquired land of village Karnawas does not abut the National Highway No.8. As regards the acquired land of village Deodhai, it is evident that a very small parcel of land in one corner of the acquired land abuts the Delhi-Jaipur Highway.
Moreover, there is a layout plan produced by HSIIDC as Ex.RW6/A. A careful perusal thereof proves that the acquired land for Phase-IV (instant acquisition) is located around the already developed land of Phase-I and Phase-II. In fact, only a small portion of the land abuts the National Highway, whereas, the remaining land is in the shape of two strips of land which moves in a semi circular manner around the land already acquired for developing Phase-I and Phase-II of the Industrial Model Township. If one carefully looks at the layout plan, it is evident that the entire acquired land is in the shape of a semi-circular parcel of land surrounding the already acquired. Out of the acquired land, in the instant cases, some portion is located on the North-Eastern side of the National Highway No.8, whereas, the remaining portion is on the Sourth-Western side. A significant portion of the acquired land is located far away from the National Highway. It is also evident from a perusal of the various layout plans as well as the sale deeds produced in evidence by the State that the price of the acquired land in the interiors i.e. away from the National Highway is nowhere comparable with the acquired land located on the National Highway.
24 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -25- 5.3 In village Bakhthala, the land sold vide sale deed no.473 dated 23.06.2008 @ Rs.6,00,000/- per acre is located hardly, at a distance of 10 acres from the acquired land. Similarly, in village Karnawas, the parcels of land which are the subject matter of sale deed No.5854 sold @ Rs.11,00,000/- per acre and sale deed No.1301 sold @ Rs.13,00,123/- per acre are also located in close vicinity of the acquired land. On the same pattern, the parcel of land sold through the sale deed No.110 @ Rs.
16,00,000/- per acre in village Aasalwas is also located near the acquired land. From the tabulated compilation given in para 5.1, it is evident that the HSIIDC has produced a large number of sale deeds to prove that the market value of the acquired land is not what is being claimed by the landowners.
In fact, in village Bawal the offices of the sub-division are located. The State has produced a large number of sale deeds pertaining to the sale of land in the revenue estate of Bawal itself. It has also been proved that the various sale deeds of village Pathuhera, Bakhthala, Karnawas, Aasalwas, have been produced by HSIIDC to prove the market value of the acquired land, at the relevant time, which have, unfortunately, been kept out of consideration by the RC.
5.4 It may be noted here that the prices of the parcels of land located on the National Highway are quite high. The parcel of land represented by the sale deed No.179 is located in vicinity of the acquired land. The sale deed No.179 dated 10.04.2008, shows that the 85 kanals and 60 marlas of land has been sold for a total sale consideration of Rs.8,55,00,000/-. The per acre price comes to Rs.79,72,028/-. The Sale deed No.6800 is with respect to a partially constructed area as around 1928 sq. yards of area from the total area sold vide sale deed is covered area. Hence, 25 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -26- it is not considered appropriate to rely upon sale deed No.6800. Similarly, on a careful study of the sale deed No.6257, it is evident that 13333 sq. yards of area was already constructed. Hence, the value of construction was included in the sale deed.
5.5 It may be noted here that sale deed no.179 is the only sale instance of a comparable parcel of land sold during the contemporaneous period which has been produced by the landowners. This parcel of land is located in village Deodhai. It has come on record that it is located on National Highway No.8. Thus, a major part of the land sold through this sale deed is existing on the National Highway. Hence, it is not considered appropriate to rely upon the aforesaid sale instance without applying an appropriate deduction towards the development cost as well as deduction on account of passages, roads, and other common facilities which are required to be provided.
5.6 There is another important issue which requires discussion.
The acquired land is not in a compact block. As already noticed, it is in a semi circular shape with a very small portion of the acquired land located on the National Highway, whereas, a substantial portion of the acquired land is located far away from the National Highway. It is proved on the file that the market value of the acquired land has not increased uniformly. If the entire land is assessed at a uniform rate, it will lead to injustice to the parties.
If the price of the acquired land is determined on the basis of the land situated on the National Highway, the landowners will get unjust enrichment at the cost of HSIIDC and the public exchequer would be unreasonably burdened. Whereas, if the entire land is assessed as agricultural land, the owners of the land, which is located on the National Highway, would suffer 26 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -27- loss by being deprived of the fair market value of their acquired land. In such circumstances, there is a well known concept of creating belts/notional divisions in the acquired land in order to divide the land in different parcels for the purpose of assessing the market value. In the present case, the aforesaid method is required to be adopted.
5.7 Keeping in view the aforesaid facts, the land located on the National Highway upto the depth of two acres is assessed @ Rs.63,77,623 (rounded figure) after applying deduction @ 20% on the amount of Rs.79,72,028/-.(which is the per acre price of land sold vide sale deed No.179 dated 10.04.2008). This deduction has been applied on account of developmental cost of infrastructure and the land and reasources required to be used for providing roads, streets and other common facilities.
5.8 Now, let's examine the sale deeds produced by the various parties with respect to the land located at a distance from the National Highway. As already noticed, the landowners have not produced any evidence to prove that the amount offered by the LAC is inadequate. The landowners have not produced any comparable sale deed to prove the price of the land in the interiors i.e. far away from the National Highway. On a careful perusal of the various sale deeds produced by the State, it is evident that the prices of the agricultural land situated in village Bakhthala, Pathuhera, Bawal, Karnawas, Aasalwas, were not beyond Rs.16,00,000/- per acre. The acquisition is with respect to a very large area. In fact, the total acquired land would be around 670 acres. It may be noted here that recently, this Court had the opportunity to decide the appeals arising from acquisition of land for development of Phase-III of Industrial Model Township at Bawal. The acquired land in the aforesaid cases is also located 27 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -28- in the vicinity.
5.9. It may be noted here that the landowners have also relied upon the various awards passed by the LAC. In the absence of evidence to prove that the acquired land in the various awards is comparable with the acquired land in this acquisition, it will not be appropriate to rely upon the same for the purpose of assessing the market value. Even the RC has not relied upon the aforesaid awards.
5.10. As regards the sale of hotel site measuring 3250 square meters auctioned for Rs.15.5 Crores, it has come in evidence of the connected appeals that the buyer did not pay the auction price resulting in cancellation of the allotment. Even otherwise, the sale of a hotel site in a developed area is not comparable with the acquired land which is agricultural in nature.
6. DECISION 6.1 Keeping in view the aforesaid facts, the award passed by the LAC offering Rs.16,00,000/- per acre to the landowners whose land is located beyond the depth of two acres from the National Highway on both sides is upheld and the award of the RC with respect to such landowners is set aside, whereas, the assessment of the RC with respect to the remaining land which is located upto the depth of 2 acres from the National Highway-8 is modified. Accordingly, the market value for the landowners whose land is located on the National Highway upto the depth of two acres is assessed @ Rs.63,77,623/- per acre.
6.2 Resultantly, all the appeals are disposed of.
6.3 All the pending miscellaneous applications, if any, are also disposed of.
27th September, 2022 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned :YES/NO
Whether reportable :YES/NO
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RFA No.494 of 2022 -29-
Sr.
Case No. Parties Details
No.
1. RFA-494-2022 HSIIDC VS BABU LAL AND OTHERS HAZARI AND OTHERS VS STATE OF HARYANA AND
2. RFA-1043-2022 OTHERS NATHU RAM AND OTHERS VS STATE OF HARYANA AND
3. RFA-866-2022 OTHERS CHANDGI RAM AND ANR VS STATE OF HARYANA AND
4. RFA-1045-2022 OTHERS KANWAR SINGH AND OTHERS VS STATE OF HARYANA
5. RFA-867-2022 AND OTHERS CHANDGI RAM AND ANR VS STATE OF HARYANA AND
6. RFA-1046-2022 OTHERS RAM KUMAR @ RAMPHAL AND OTHERS VS STATE OF
7. RFA-1000-2022 HARYANA AND OTHERS NIHAL AND OTHERS VS STATE OF HARYANA AND
8. RFA-869-2022 OTHERS KALU RAM ALIAS BALLU RAM AND OTHERS VS STATE
9. RFA-870-2022 OF HARYANA AND OTHERS BALLU RAM AND OTHERS VS STATE OF HARYANA AND
10. RFA-873-2022 OTHERS SMT. SURENDER KAUR ALIAS SURINDER AMARJIT
11. RFA-1015-2022 SINGH VS STATE OF HARYANA AND OTHERS MEHANT ADITIYA NATH YOGI CHELA AZAD NATH
12. RFA-872-2022 CHELA SURAJ NATH VS STATE OF HARYANA AND OTHERS
13. RFA-868-2022 PATRAM VS STATE OF HARYANA AND OTHERS DINESH KUMAR @ HAWA SINGH AND ANOTHER VS
14. RFA-871-2022 STATE OF HARYANA AND OTHERS HAZARI AND OTHERS VS STATE OF HARYANA AND
15. RFA-1044-2022 OTHERS HSIIDC VS LALA RAM DECEASED THROUGH LRS AND
16. RFA-491-2022 OTHERS
17. RFA-492-2022 HSIIDC VS JAI NARAIN AND OTHERS
18. RFA-493-2022 HSIIDC VS SANTOSH DEVI AND OTHERS
19. RFA-564-2022 HSIIDC VS PARKASH AND ORS
20. RFA-567-2022 HSIIDC VS PITARIYA AND ORS
21. RFA-306-2022 HSIIDC VS MS. MANJU KUMAR AND OTHERS
22. RFA-305-2022 HSIIDC VS DALIP AND OTHERS
23. RFA-309-2022 HSIIDC VS TESHI AND OTHERS
24. RFA-314-2022 HSIIDC VS RAI SINGH AND OTHERS RAM NARAIN (DECEASED) THROUGH LRS. VS STATE OF
25. RFA-269-2022 HARYANA AND OTHERS
26. RFA-336-2022 HSIIDC VS UMRAO AND ORS
27. RFA-335-2022 HSIIDC VS SURENDER AND OTHERS
28. RFA-401-2022 HSIIDC VS HOSHIYAR SINGH AND OTHERS
29. RFA-301-2022 HSIIDC VS ASHISH MINOR THR. HIS MOTHER AND ORS
30. RFA-350-2022 HSIIDC VS UMRAO SINGH AND ORS KRISHAN @ KRISHAN CHAND AND ORS VS STATE OF
31. RFA-271-2022 HARYANA AND OTHERS
32. RFA-402-2022 HSIIDC VS VINOD KUMAR AND OTHERS
33. RFA-434-2022 HSIIDC VS HAWA SINGH AND OTHERS
34. RFA-435-2022 HSIIDC VS SUNERO AND OTHERS
35. RFA-504-2022 HSIIDC VS RAMAVTAR AND OTHERS
36. RFA-503-2022 HSIIDC VS NARESH RAJ AND ORS
37. RFA-512-2022 HSIIDC VS NAND KISHORE @ NAND RAM AND ORS.
38. RFA-313-2022 HSIIDC VS NIHAL AND ORS 29 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -30-
39. RFA-797-2022 KAMAL SINGH VS STATE OF HARYANA AND OTHERS BHIM SINGH SINCE DECEASED THROUGH HIS LRS AND
40. RFA-783-2022 OTHERS VS STATE OF HARYANA AND OTHERS PRIBHU DAYAL SINCE DECEASED THROUGH HIS LRS
41. RFA-785-2022 AND ORS VS STATE OF HARYANA AND OTHERS
42. RFA-397-2022 HSIIDC VS SHER SINGH AND OTHERS MANGAL SINCE DECEASED THROUGH HIS LRS VS
43. RFA-257-2022 STATE OF HARYANA AND OTHERS
44. RFA-549-2022 HSIIDC VS SULTAN AND ORS
45. RFA-307-2022 HSIIDC VS HAJARI AND OTHERS
46. RFA-498-2022 HSIIDC VS PITARIYA AND OTHERS
47. RFA-526-2022 HSIIDC VS KAMAL SINGH AND ORS
48. RFA-553-2022 HSIIDC VS KANWAR SINGH AND ORS
49. RFA-554-2022 HSIIDC VS NATHU RAM AND ORS
50. RFA-543-2022 HSIIDC VS RAM KANWAR AND ORS HSIIDC VS SATISH KUMAR DECEASED THR. LRS AND
51. RFA-438-2022 OTHERS PARMAL AND OTHERS VS STATE OF HARYANA AND
52. RFA-625-2022 OTHERS
53. RFA-544-2022 HSIIDC VS VIKRAM SINGH AND OTHERS
54. RFA-545-2022 HSIIDC VS SH. RAMPAL AND ORS SURENDER SINGH AND OTHERS VS STATE OF HARYANA
55. RFA-645-2022 AND OTHERS SHEONARAYAN (SINCE DECEASED) THR LRS AND ORS
56. RFA-651-2022 VS STATE OF HARYANA AND OTHERS CHANDRO ALIAS CHANDRO DEVI AND ANOTHER VS
57. RFA-790-2022 STATE OF HARYANA AND OTHERS
58. RFA-302-2022 HSIIDC VS SURENDER SINGH AND ORS SEDHU (SINCE DECEASED) THR LRS AND ANOTHER VS
59. RFA-803-2022 STATE OF HARYANA AND OTHERS
60. RFA-343-2022 HSIIDC VS SHIRIYA AND OTHERS
61. RFA-419-2022 HSIIDC VS HAZARI AND ORS HSIIDC VS GRAM PANCHAYAT BAGTHALA THR.
62. RFA-424-2022 SARPANCH AND ORS
63. RFA-425-2022 HSIIDC VS ATTAR SINGH AND ORS
64. RFA-436-2022 HSIIDC VS SATYAPAL SINGH AND OTHERS
65. RFA-439-2022 HSIIDC VS PARKASH AND ORS
66. RFA-362-2022 HSIIDC VS BASTI RAM AND ORS HSIIDC VS GRAM PANCHAYAT, VILLAGE KARNAWAS
67. RFA-456-2022 AND OTHERS
68. RFA-457-2022 HSIIDC VS RAM PHAL AND ORS
69. RFA-303-2022 HSIIDC VS MANGAL DECEASED THR. LRS AND OTHERS MAN SINGH AND OTHERS VS STATE OF HARYANA AND
70. RFA-657-2022 OTHERS
71. RFA-509-2022 HSIIDC VS RATAN CHAND AND ORS.
72. RFA-520-2022 HSIIDC VS MANGAL DECEASED THR. LRS AND OTHERS
73. RFA-521-2022 HSIIDC VS NAWAL SINGH AND ORS SHER SINGH AND ORS VS STATE OF HARYANA AND
74. RFA-262-2022 OTHERS HSIIDC VS MATADIN SINCE DECEASED THR. LRS AND
75. RFA-421-2022 ORS
76. RFA-483-2022 HSIIDC VS SHADI RAM AND OTHERS MAN SINGH AND OTHERS VS STATE OF HARYANA AND
77. RFA-654-2022 OTHERS GRAM PANCHAYAT KARNAWAS THROUGH SECRETARY
78. RFA-682-2022 VS STATE OF HARYANA AND OTHERS
79. RFA-308-2022 HSIIDC VS KHUSHI RAM AND OTHERS
80. RFA-506-2022 HSIIDC VS DAULAT RAM AND OTHERS 30 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -31-
81. RFA-514-2022 HSIIDC VS SMT. SHANTI AND OTHERS
82. RFA-515-2022 HSIIDC VS RAMESHWAR DAYAL AND OTHERS
83. RFA-340-2022 HSIIDC VS SHIV LAL AND ORS
84. RFA-341-2022 HSIIDC VS RAMESH KUMAR AND OTHERS
85. RFA-408-2022 HSIIDC VS SUKHRAM AND ORS
86. RFA-415-2022 HSIIDC VS MAN SINGH AND ORS
87. RFA-542-2022 HSIIDC VS RAI SINGH AND ORS
88. RFA-559-2022 HSIIDC VS MAN SINGH AND ORS
89. RFA-561-2022 HSIIDC VS SAJJAN SINGH AND ORS
90. RFA-556-2022 HSIIDC VS SEDHU AND ORS
91. RFA-558-2022 HSIIDC VS MAN SINGH AND ORS
92. RFA-461-2022 HSIIDC VS RAM NARAIN AND OTHERS
93. RFA-464-2022 HSIIDC VS CHANDRO AND OTHERS
94. RFA-565-2022 HSIIDC VS BHIM SINGH AND OTHERS PRIBHU DAYAL SINCE DECEASED THROUGH HIS LRS
95. RFA-784-2022 AND ORS VS STATE OF HARYANA AND OTHERS SATYAPAL SINGH ALIAS SATPAL AND ORS VS STATE OF
96. RFA-624-2022 HARYANA AND OTHERS DHARAM CHAND AND OTHERS VS STATE OF HARYANA
97. RFA-254-2022 AND OTHERS
98. RFA-417-2022 HSIIDC VS KAMAL SINGH AND ORS
99. RFA-416-2022 HSIIDC VS BHARAT SINGH AND ORS
100.RFA-463-2022 HSIIDC VS RAMESHWAR AND OTHERS MAN SINGH AND OTHERS VS STATE OF HARYANA AND
101.RFA-650-2022 OTHERS
102.RFA-533-2022 HSIIDC VS BUDHRAM AND OTHERS
103.RFA-534-2022 HSIIDC VS RAM NARAIN AND ORS
104.RFA-363-2022 HSIIDC VS SATYABIR AND OTHERS ARJUN SINGH @ ARJUN AND OTHERS VS STATE OF
105.RFA-659-2022 HARYANA AND OTHERS
106.RFA-530-2022 HSIIDC VS SULTAN AND OTHERS
107.RFA-531-2022 HSIIDC VS SATYAPAL SINGH AND ORS HOSHIYAR SINGH AND OTHERS VS STATE OF HARYANA
108.RFA-683-2022 AND OTHERS RATIRAM ALIAS RATTU (SINCE DECEASED) THR LRS
109.RFA-655-2022 AND OTHERS VS STATE OF HARYANA AND OTHERS
110.RFA-507-2022 HSIIDC VS VIKRAM SINGH AND ORS
111.RFA-339-2022 HSIIDC VS SMT. PARVEEN AND ORS
112.RFA-338-2022 HSIIDC VS DHARAMBIR AND OTHERS
113.RFA-345-2022 HSIIDC VS SHEONARAYAN AND OTHERS
114.RFA-528-2022 HSIIDC VS RAM PHAL AND ORS
115.RFA-529-2022 HSIIDC VS KUDIYA AND OTHERS
116.RFA-547-2022 HSIIDC VS DHARAM CHAND AND ORS SOMDUTT AND ORS VS STATE OF HARYANA AND
117.RFA-685-2022 ANOTHER RAJESH KUMAR ALIAS RAJESH AND OTHERS VS STATE
118.RFA-619-2022 OF HARYANA AND OTHERS DAULAT RAM AND ANR VS STATE OF HARYANA AND
119.RFA-273-2022 OTHERS SHAMSHER SINGH AND ANR VS STATE OF HARYANA
120.RFA-276-2022 AND OTHERS
121.RFA-410-2022 HSIIDC VS JAG RAM AND ORS
122.RFA-428-2022 HSIIDC VS RAMPAL AND ORS
123.RFA-560-2022 HSIIDC VS RAM CHANDER AND ORS
124.RFA-437-2022 HSIIDC VS PATRAM AND ORS
125.RFA-441-2022 HSIIDC VS JUG LAL AND ORS
126.RFA-444-2022 HSIIDC VS CHANDGI RAM AND ORS
127.RFA-445-2022 HSIIDC VS KALU RAM ALIAS BALU RAM AND ORS 31 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -32- DHARMENDER AND ORS VS STATE OF HARYANA AND
128.RFA-278-2022 OTHERS MEHAR CHAND AND ANOTHER VS STATE OF HARYANA
129.RFA-260-2022 AND OTHERS
130.RFA-304-2022 HSIIDC VS RAM SINGH AND OTHERS
131.RFA-319-2022 HSIIDC VS KISHORI LAL AND OTHERS
132.RFA-496-2022 HSIIDC VS SHISHPAL AND ORS
133.RFA-346-2022 HSIIDC VS RAM KUNWAR AND ORS.
134.RFA-414-2022 HSIIDC VS UMRAO AND ORS
135.RFA-413-2022 HSIIDC VS MEHAR CHAND AND ORS HSIIDC VS RAMJI LAL DECEASED THROUGH HIS LRS
136.RFA-501-2022 RAMESH AND OTHERS
137.RFA-518-2022 HSIIDC VS LAXMI NARAYAN AND OTHERS
138.RFA-525-2022 HSIIDC VS ASHOK KUMAR AND ORS
139.RFA-546-2022 HSIIDC VS RAMESHWAR AND ORS HSIIDC VS MATADIN DECEASED THROUGH LRS AND
140.RFA-557-2022 ORS
141.RFA-454-2022 HSIIDC VS SHREE CHAND AND OTHERS
142.RFA-455-2022 HSIIDC VS SUMER SINGH AND ORS.
143.RFA-458-2022 HSIIDC VS SOMDUTT AND OTHERS
144.RFA-459-2022 HSIIDC VS KARTAR SINGH AND ORS KARTAR SINGH (SINCE DECEASED) THROUGH LRS AND
145.RFA-646-2022 OTHERS VS STATE OF HARYANA AND OTHERS
146.RFA-405-2022 HSIIDC VS CHANDGI RAM AND ORS
147.RFA-407-2022 HSIIDC VS DHARAM CHAND AND ORS
148.RFA-488-2022 HSIIDC VS HUKAM SINGH AND ORS
149.RFA-500-2022 HSIIDC VS BABU LAL AND ORS
150.RFA-499-2022 HSIIDC VS SURENDER SINGH AND ORS
151.RFA-517-2022 HSIIDC VS BHAJJU @ BHAJAN LAL AND OTHERS LALA RAM (DECEASED) THOUGH LRS AND ORS VS
152.RFA-265-2022 STATE OF HARYANA AND OTHERS DHARAMBIR AND ORS VS STATE OF HARYANA AND
153.RFA-621-2022 OTHERS
154.RFA-251-2022 MAHA SINGH VS STATE OF HARYANA AND OTHERS
155.RFA-411-2022 HSIIDC VS HANUMAN AND ORS
156.RFA-548-2022 HSIIDC VS SHIRIYA AND OTHERS
157.RFA-551-2022 HSIIDC VS SHADI RAM AND ORS VINOD KUMA AND ANR VS STATE OF HARYANA AND
158.RFA-277-2022 OTHERS
159.RFA-412-2022 HSIIDC VS DHARAM PAL AND ORS
160.RFA-420-2022 HSIIDC VS BALLU RAM AND ORS
161.RFA-432-2022 HSIIDC VS NATHU RAM AND ORS
162.RFA-333-2022 HSIIDC VS HAZARI AND ORS
163.RFA-342-2022 HSIIDC VS KRISHAN AND OTHERS
164.RFA-344-2022 HSIIDC VS PARTAP AND OTHERS
165.RFA-364-2022 HSIIDC VS RAM CHANDER AND ORS
166.RFA-462-2022 HSIIDC VS KAILASH CHAND AND OTHERS ARJUN AND OTHERS VS STATE OF HARYANA AND
167.RFA-656-2022 OTHERS
168.RFA-431-2022 HSIIDC VS MEHANT ADITIYA NATH YOGI AND ORS
169.RFA-433-2022 HSIIDC VS MAHA SINGH AND ORS
170.RFA-490-2022 HSIIDC VS TESHI AND ORS HSIIDC VS RATTI RAM DECEASED THROUGH LRS AND
171.RFA-489-2022 ORS
172.RFA-495-2022 HSIIDC VS HAZARI AND ORS ANIL KUMAR AND ANR VS STATE OF HARYANA AND
173.RFA-263-2022 OTHERS
174.RFA-322-2022 HSIIDC VS NATHU RAM AND ORS 32 of 33 ::: Downloaded on - 31-12-2022 18:13:19 ::: RFA No.494 of 2022 -33-
175.RFA-452-2022 HSIIDC VS RAGBIR AND OTHERS
176.RFA-460-2022 HSIIDC VS KARAN SINGH AND ORS
177.RFA-524-2022 HSIIDC VS JAG RAM AND ORS
178.RFA-312-2022 HSIIDC VS ANIL KUMAR AND OTHERS SHIRIYA ALIAS SHRI RAM (SINCE DECEASED) THR LRS
179.RFA-658-2022 AND ANR VS STATE OF HARYANA AND OTHERS ATTAR SINGH AND OTHERS VS STATE OF HARYANA
180.RFA-660-2022 AND OTHERS SHIRIYA ALIAS SHRI RAM (SINCE
181.RFA-648-2022 DECEASED) THR LRS AND ANR VS STATE OF HARYANA AND OTHERS
182.RFA-555-2022 HSIIDC VS KANWAR SINGH AND ORS RAI SINGH (SINCE DECEASED) THOUGH LRS. VS STATE
183.RFA-267-2022 OF HARYANA AND OTHERS
184.RFA-453-2022 HSIIDC VS MAN SINGH AND OTHERS
185.RFA-334-2022 HSIIDC VS SMT. SUNITA YADAV AND ORS
186.RFA-337-2022 HSIIDC VS OM PARKASH AND ORS.
PRAKASH CHAND (DECEASED) THOUGH LRS AND ORS
187.RFA-686-2022 VS STATE OF HARYANA AND OTHERS
188.RFA-399-2022 HSIIDC VS DHARMENDER AND OTHERS
189.RFA-404-2022 HSIIDC VS SMT. SURENDER KAUR AND ORS
190.RFA-418-2022 HSIIDC VS CHANDGI RAM AND ORS
191.RFA-422-2022 HSIIDC VS RATTI RAM AND ORS RAMESH KUMAR @ RAMESH CHAND AND ANR VS
192.RFA-622-2022 STATE OF HARYANA AND OTHERS RAMJI LAL (DECEASED) THOUGH LRS AND ORS VS
193.RFA-623-2022 STATE OF HARYANA AND OTHERS
194.RFA-423-2022 HSIIDC VS GARIBA RAM AND ORS
195.RFA-427-2022 HSIIDC VS MAN SINGH AND ORS
196.RFA-430-2022 HSIIDC VS SEDHU AND ORS
197.RFA-429-2022 HSIIDC VS BHIM SINGH AND ORS PARTAP (SINCE DECEASED) THR LRS AND OTHERS VS
198.RFA-620-2022 STATE OF HARYANA AND OTHERS (ANIL KSHETARPAL) JUDGE 33 of 33 ::: Downloaded on - 31-12-2022 18:13:19 :::