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For facts, First Appeal No. 476 of 2004 (Anoop Kumar etc. v. State of Haryana and others) is being taken up.

A brief history leading to the acquisition proceedings for which market value is required to be assessed, is required to be given. On 20.8.1980 (Exhibit P8), a notification under Section 4 of the Act, for acquisition of 700 acres of land falling in Revenue Estates of Villages Jagadhri, Garhi Mundon, Gobindpura, Tejli and Gobindpuri, was issued. The public purpose for which the acquisition was proposed was for development of land for residential and commercial purposes, by HUDA. The land of the claimants' herein was also notified for acquisition. Notification/declaration under Section 6 of the Act was published on 13.7.1982 (Exhibit P9). The land of the claimants, however, was released. On the remaining land, Sector 17, Jagadhri, has been developed.

With regard to the land of the claimants, fresh acquisition proceedings were initiated through publication of notification under section 4 of the Act, on 4.6.1997. The land of the claimants falls in Revenue Estate of Village Jagadhri and the area proposed to be acquired is 4.21 acres. The notification under Section 4 of the Act also proposed acquisition of land measuring 2.60 acres falling in the Revenue Estate of Village Garhi Mundon. The public purpose for acquisition is for the development and utilization of land as residential, commercial and industrial area for Sectors 17 and 18, Jagadhri The declaration under Section 6 of the Act was issued on 2.6.1998. The acquisition of land falling in the Revenue Estate of Village Garhi Mundon was challenged by way of filing of a writ petition. The acquisition proceedings were stayed. It is under these circumstances that the market value of the land falling in the Revenue Estate of Village Jagadhri only i.e. 4.21 acres, is required to be assessed.

The first contention of the learned counsel for the claimants is that the land has been within the municipal limits of Jagadhri since the year 1961. 36 years have gone-bye since the time of the inclusion of the land within the municipal limits, the land has been substantially improved and has a very high potential for being developed as residential, commercial and industrial area. It has further been contended by the learned counsel for the claimants that Sector 17, Jagadhri had already been developed. Sector 17, Jagadhri contains residential and commercial area. The land in close vicinity had been auctioned by HUDA in between years 1990-1997. Reliance has been placed on Exhibits P-15 to P-54, which are sale instances of land by way of auction. Land had fetched between Rs.4801/- to Rs.10,890/- per square meter. The contention is that the average of the said market value is required to be taken into consideration to assess the market value of the land acquired under present acquisition proceedings. No cut thereon is required to be given in view of the fact that roads, sewerage, electricity connections, etc. i.e. the entire infrastructure, is already available. A reference to site plans, Exhibits P-2 and P-6, has been made to say that the land is surrounded by developed area of Sector 17, Jagadhri. The land is located on existing link road.

A perusal of Exhibit P-1 shows that it is a sale deed executed on 10.6.1997. The Vendor-HUDA through Estate Officer, HUDA, Jagadhri, District Yamuna Nagar, sold land measuring 8000 square meters to the Power Grid Corporation of India Limited for a sum of Rs.1,25,13,173 i.e. at the rate of Rs.1,560/- per square meter, approximately. It has been mentioned in the document itself that the vendor i.e. HUDA, had sanctioned the sale of the land to the transferee in pursuance of allotment letter dated 23.7.1996 under sub-regulation (1) of Regulation (5) of the Haryana (Disposal of Land and Buildings) Regulation, 1978. It has been clarified that the land was to be used for residential purposes in Urban Estate area of Jagadhri.