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This order will dispose of RFA Nos.594, 595, 596, 597, 598, 599, 600, 601, 602, 603, 604, 605, 726, 727 and 1103 of 2000 against the order dated December 4, 1999 passed by Additional District Judge, Sonepat dismissing the reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Since common question of law and facts is involved in all the appeals and all the cases arise in context to the same notification under Section 4 of the Act dated May 11, 1992 published in Haryana Government Gazette (Extraordinary), notifying that the land measuring 28.26 acres was required by the State at pubic expense for public purpose i.e. for the development and utilization of land as construction of water works at Sonepat, under Haryana Urban Development Authority Act, 1977 for the Haryana Urban Development Authority in Village Garhi Brahmanan Hadbast No.203, Tehsil and District Sonepat. Subsequently vide notification dated May 5, 1993 issued under Section 6 of the Act, the Government declared that the lands acquired were needed for the aforesaid public purpose. The award was announced on May 4, 2005 at the rate of Rs.3 lacs per acre alongwith all other statutory benefits under the Act. Reference was made in 21 cases under Section 18 of the Act.

The claim of the land owners before the Reference Court was that the Collector had awarded compensation at a lower rate. Their lands were situated within the municipal limits of Sonepat and that the land acquired is fit for residential, commercial and industrial purpose and is adjacent to metalled road. The land was quite near to the abadi of Village Garhi Brahmnan. A well developed colony was already in existence in front of the land of the appellants. It was claimed that some land adjacent to the land of the appellants comprised in same khasra had been sold at the rate of Rs.6 lacs per acre about three years ago. The land of Village Jamalpura Kalan, which was outside the limits of Sonepat municipality was acquired by the respondents at the rate of Rs.250/- per sq. yards for the same purpose. The land is surrendered by various factories and also residential and commercial establishments. A sum of Rs.3 lacs per acre has been assessed ignoring the high potential of the land of the appellants. Claimants claimed that market value of the land acquired should be determined at the rate of Rs.1500/- per square yards.

Anoop Singh, Chand Ram and Rajinder Singh were produced to prove the sale deeds Ex.R3 showing that 17 marlas of land was sold for consideration of Rs.18000/- and that 17 marlas of land was sold for Rs.30000/- vide Ex.R-7 and 1000 sq. yards for Rs.1.20 lacs vide Ex.R5.

Taking into consideration the sale deeds as well as the assessment of the market value pertaining to the land of Sector 23, Sonepat, which had been acquired by the State Government for development of Sector 23, Sonepat, wherein the value of the land acquired was assessed at the rate of Rs.49/- per sq. yard, the Additional District Judge, Sonepat held that the market value of the land was not more than Rs.3 lacs per acre at the time of issuance of notification under Section 4 of the Act.

Mr.Saurabh Khatrai, counsel for the appellants has argued that the land acquired in the present case which is the subject matter of notification under Section 4 of the Act dated May 11, 1992 is adjacent to the land which was acquired for development and utilization of land as residential and commercial area in Sector 23, Sonepat, vide notification dated November 16, 1988 under Section 4 of the Act. The said land also forms part of the revenue estate of Village Garhi Brahmanan, Hadbast No.203, Jamalpur Khurd, Hadbast No.204 and Kalupur Hadbast No.205, Tehsil and District Sonepat. The order of the Reference Court dated December 12, 1995, passed by Sh.P.L. Goyal, Additional District Judge, Sonepat, granting compensation for the acquired land at the rate of Rs.49 per sq. yard has been taken into consideration. The Reference Court has dismissed the reference observing that the market value has been rightly assessed by the Collector and that the value of the acquired piece of land was certainly not more than Rs.3 lacs per acre. It is also a fact that the order of Sh.P.L.Goyal, Additional District Judge, Sonepat dated December 12, 1995 was challenged in RFA No. 662 of 1996-Prithi Singh and another Vs. State of Haryana and another. While allowing the appeal against the order of Sh.P.L.Goyal, Additional District Judge, Sonepat dated December 12, 1995, (Ex.P.11), the market value of the land of same village which was acquired for Sector 23, Sonepat, has been enhanced to Rs.77 per sq. yard. Certified copy of the judgment in Prithi Singh and another Vs. State of Haryana, RFA No.662 of 1996, has been made part of the record.