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R.F.A. Nos. 387 to 481, 1420 to 1425, 1432 to 1436, 1443 to 1445, 1447 to 1486, 1672 of 2000, 511, 2189, 2190, 3919 to 3921 of 2002 have been filed by the State for reduction of the compensation awarded to the land owners.

The facts have been noticed from R.F.A. No. 431 of 2000. Briefly, the facts are that the land situated in Village Fazilpur Hadbast No. 81, Tehsil and District Sonepat was acquired vide notification dated 17.5.1990, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for residential and commercial area in Sector 12, Sonepat. The same was followed by notification dated 16.5.1991, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') determined the market value of the acquired land @ Rs. 1,30,000/- per acre. Dissatisfied with the award, the land owners filed objections which were referred to the learned Court below for consideration, who considering the material placed on record by the parties, determined market value of the acquired land @ Rs. 120/- per square yard. However, for land measuring 26.86 acres for which the Collector awarded Rs. 1,30,000/- per acre comprising of Rect. Nos. 9, 10, 15, 16, 17, 18 and 19, market value was assessed at Rs. 100/- per square yard.

Learned counsel for the land owners submitted that the claim made in the present set of appeals is squarely covered by a judgment of this Court in R.F.A. No. 1718 of 2001--Atam Parkash v. State of Haryana and others, decided on 24.9.2007, whereby the value of the land acquired vide same notification has been assessed at Rs. 135/- per square yard for the land which is situated behind ECE factory and for the land situated on Sonepat-Bahalgarh road, the same was assessed at Rs. 160/- per square yard. It was further submitted that the land in the present case pertained to village Fazilpur, which is situated adjoining and opposite the land pertaining to Pati Musalman. It is further submitted that a part of the land pertaining to village Fazilpur abuts Sonepat-Bahalgarh road. The location of the land in question is same, as was considered by this Court in Atam Parkash's case (supra) and the purpose of acquisition was also for the development and utilisation as Sector 12-Sonepat. An additional argument was raised with regard to valuation of land which was low lying for which the learned court below assessed the value at Rs. 100/- per square yard as against Rs. 120/- per square yard assessed for other part of the land. It was further submitted that the area, which was low lying on account of earth having been taken therefrom for the purpose of construction of a canal, was specifically mentioned in the award of the Collector. However, the learned court below has mentioned Rectangle Nos. in their entirety for assessing different value for them, whereas in fact the entire Rectangle Nos. were not low lying as it was only some part thereof.

Learned counsel for the State did not dispute the fact that acquisition in the present case and in Atam Parkash's case (supra) was made by same notification and for same purpose. He submitted that mere this fact is not enough for granting same compensation to the land owners in the present case, as the land is not having that potential as was in the case of the land pertaining to Pati Musalman.

Heard learned counsel for the parties and perused the record. It is not in dispute, as is evident from site plan (Ex. P16) on record, that location of the land is adjoining the land pertaining to Village Pati Musalman. The acquisition was carried out vide same notification dated 17.5.1990 for the same purpose. As was in the case of Atam Parkash (supra), a part of the land in the present case is also located on Sonepat-Bahalgarh road adjoining the land which was under consideration in the aforesaid case. Keeping these facts in view, in my opinion, the reasoning, as was adopted in Atam Parkash's case (supra) is squarely applicable in the present case as well and the land owners in the present set of appeals shall also be entitled to compensation at the same rate as was determined in the aforesaid case. The land owners whose land is situated on Sonepat- Bahalgarh road upto a depth of 100 meters therefrom shall be entitled to compensation @ Rs. 160/- per square yard, whereas the land owners whose land is situated behind that would be entitled to compensation @ Rs. 135/- per square yard. The land owners shall also be entitled to all the statutory benefits as are available under the Act.