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"4. In the nature of order we propose to pass, it is not necessary to go into the various contentions except to note that, in our view, the High Court has gone wrong in placing reliance on a subsequent acquisition for which Section 4(1) Notification was issued on 17.11.2005 for Rajiv Gandhi Education City and fixing the land value for the KMP Project by introducing the method of an appropriate reduction. Another error, in our opinion, is in adopting the belting system. Being an acquisition for an Express Way passing through different parcel of land, there is no need or justification for adopting the belting system. Further, the High Court committed a mistake in introducing cuts. If the land 10 of 140 RFA-4101-2008 (O&M) & other connected cases -11- value is to be fixed for KMP Project acquisition, the relevant factors which are to be noted are mainly the value that was prevalent in the locality prior to 13.08.2004.

58. PW-4, Sat Parkash, from the DC office Sonepat also deposed on the affect of severance and the village abadi was on the northern side of the Expressway Highway and the land of the landowners which was left from the acquisition was on the southern side of the Expressway Highway. PW-5, Madan Sangwan, Architect stated that land of Sushant City was harly 7-8 acres away from the acquired land of the landowners 37 of 140 RFA-4101-2008 (O&M) & other connected cases -38- and the land of the landowners being only 3 acres away from the GT road and one acre away from Power House. RW-1, Karan Singh Punia, Manager, HSIIDC, in cross-examination, admitted that the toll tax was to be levied upon the owners of the vehicles and the money invested on the KMP Expressway was to be recovered through the toll tax. He admitted that the land of Village Badh Malik abuts the NH-1 and KMP was to start from NH-1 and that the land of the petitioner was within 4 acres depth from GT road. The Sports School, Rai and JBT Centre etc and the industries fell within the area of Badh Malik and village boundary of Badh Malik touched the boundaries of Villages Pritampura, Rasoi, Barh Khalsa, Firojpur Khadar, Rai and Jatheri. He admitted that the industries and other types of buildings in the area of the said villages and that the area fell from Rai Industrial area to Kundli border. He also admitted that there was bifurcation due to the acquisition for the KMP Expressway. He further admitted that area abutting to the KMP upto 100 mts was to be kept for the purpose of green belt and no person was to construct building in the said land.

65. Mr.Navneet Singh, accordingly, referred to the record, to submit that the Expressway passed at a distance of 5-6 killas from the village abadi, as per the statement of PW-1, Madan Sangwan and village Akbarpur Barota was about 7-8 kms from GT road. Reliance was placed upon PW-2, Surinder Singh to submit that distance between the GT road and the acquired land was 2 kms and of PW-3, Sharvan Singh, Draftsman, to submit that the distance between Akbarpur Barota and GT road was about 5-6 kms. It was, accordingly, argued that Nursing Home, Bank, Hotel and Telephone Exchange were situated in the area of Village Badh Malik and Sports School, Rai was situated in Badh Khalsa, Ferozepur Khadar, Badh Malik and Sewli. As per the Manager, Karan Singh Punia, RW-1 of HSIIDC, the KMP National Highway No.1 from Badh Malik on the Jatheri road was about 4 acres away from the acquired land. The boundary of village Rasoi was 22 killas from Village Akbarpur Barota and there was Sushant City in Village Rasoi. Sector 38 was carved out from the revenue estate of Jatheri, Liwan, Badh Malik, Badh Khalsa and Rai and there was construction of residential colonies, commercial complexes and industries on both sides of the road except 4-5 acres which was used for agriculture purposes. KMP was to be 43 of 140 RFA-4101-2008 (O&M) & other connected cases -44- constructed 10 to 14 feet above the ground level and the witness did not know whether the authorities would permit any person to cross the National Highway through roads. He did not know whether the Express Highway would be connected by the roads which are about 20 kms away from each other and that the connection of the land would be cut off and there would be severance of land. He had volunteered that the authority would provide underpass but he did not know the distance between the two underpasses and that there would be restriction from raising construction upto the depth of 150 mts on both sides of the KMP. He admitted about the location of the O.P.Jindal Global University but could not say it was constructed within the revenue estate of Villages Barota, Jagdishpur and Rathdhana.

113. On the issue of 50% severance on account of the Express Highway cutting through the land of the villages has already been noticed that in some cases, severance has been granted whereas in others, it has been denied on account of lack of proper evidence being furnished. While remanding the case, the Apex Court has already noticed that the belting method could not be adopted to grant compensation for the notification dated 13.08.2004 and this Court was in error in introducing reverse cuts on the basis of valuation for the notification dated 17.11.2005. It was also further noticed that the road, though would bring development and the value on either side would increase, but there would be restrictions on the use of the land, to the extent of 200 feet on either side of the road. Sufficient evidence has also come on record on this aspect that the KMP was to be constructed at a height of 10-14' from the ground level and the authorities would not permit any person to cross the Highway through roads as discussed in para Nos. 54 to 65. The other roads connecting to Highway would be 20 kms away from each other and the connection of the land would be cut-off and the underpaths would also be at a considerable distances and therefore, there would be restrictions upto the depth of 150 mts. from both sides of the KMP. The purpose of the Expressway, as noticed, was to reduce the congestion in capital and to provide an alternative route for heavy traffic to avoid Delhi and de-congest Delhi. The Expressway is an epitome of engineering and 80 of 140 RFA-4101-2008 (O&M) & other connected cases -81- has been constructed in a unique manner that it does not pass through any major city and remains far-off from the towns/villages and therefore, provides unfettered and free flow of traffic at high speed in comparison to the traffic which one faces on the other Highways which may be bumper- to-bumper which pass through various towns. The reason for this free flow of traffic is that there is no urban area in the close vicinity and the Expressway Highway is also at a considerable distance from the village abadis and has been planned in such a manner. It is, in such circumstances, the land usage has further been restricted along the Expressway for the landlosers and balance land cannot be put to any commercial or residential use if it falls within the restricted portions. Therefore, the provisions of Section 23(3) & (4) which talks about injurious affect of the other properties regarding the earning aspect and on account of the severance of the land from the other property would come into play. The relevant clauses read as under: