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Showing contexts for: NAWADA in Hsidc Now Hsiidc vs Roshan Lal And Ors on 25 May, 2018Matching Fragments
The present judgment shall dispose of 324 appeals and 4 3 of 49 RFA No.3381 of 2013 & other connected appeals alongwith cross-objections -4- cross-objections filed by the landowners of five villages, namely, Naurangpur, Shikohpur, Nawada Fatehpur, Naharpur Kasan and Lakhnoula (Hadbast Nos.157, 160, 112, 111, 110) for the acquisition for the public purpose for setting up for Chaudhary Devi Lal Industrial Model Township, Phase-V, Manesar, which was to be planned and developed as an integrated complex for industrial, commercial, recreational and other public utilities. Similarly, appeals of HSIIDC have also been filed, challenging the market value of land fixed @ ` 50,43,315/- per acre under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act') against the Awards passed by the Reference Courts at Gurgaon, the dates of which are mentioned above in the columns.
16. On 27.11.2013, award dated 31.08.2013 was followed and similarly, vide award dated 10.01.2014, for village Lakhnoula, the same officer followed the earlier award. The Reference Court on 19.03.2015, followed the award dated 31.08.2013 on the principle of being best piece of evidence and pertaining to the same acquisition.
17. For land falling in Village Nawada Fatehpur, the award was passed on 21.03.2017 wherein also, the sale deeds (Exts.P-2 to P-5) were discarded as being not relevant evidence to substantiate the claim regarding the market price some of them being of the year 2007, to follow 10 of 49 RFA No.3381 of 2013 & other connected appeals alongwith cross-objections -11- the judgment in Roshan Lal's case (supra).
22. A perusal of the record of the lead case of village Naharpur Kasan in Roshan Lal (supra), wherein the lions share of as much as 3672 kanals 15 marlas of land was acquired would go on to show from the site plan Ex.P28, which was brought on record that the land acquired for the 6 villages in question had been shown in different colours. The land falling in village Naharpur Kasan was situated beyond the limits of village Manesar which was abutting the highway and shown in green colour. Above said land falling in village Nawada Fatehpur was shown in dark blue colour, which was away the highway but was closer to the town
77. For the land of other villages i.e. Nawada Fatehpur, Naharpur Kasan, Shikopur an other 10% is liable to be reduced on the said compensation assessed and, therefore, the market value is assessed @ `43,61,317/- per acre (rounding it off to `43,61,400/- per acre) for the said villages. From the evidence of witnesses discussed above, it would be clear that village Nawada Fatehpur and Shikhopur are at a distance from the highway. Nawada Fatehpur is at a distance of 4-5 Kms and Shikhopur is situated where the land was acquired for CRPF and also situated behind Naurangpur and not abutting the National Highway.