RFA No. 1866 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH RFA No. 1866 of 2006 (O&M) Date of Decision: 19.12.2011 Smt. Bala and another ...Appellants Versus State of Haryana .....Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Harkesh Manuja, Advocate for the landowners in RFA No. 1866 of 2006. Mr. Ashok Jindal, Additional Advocate General, Haryana.. RAJESH BINDAL, J. This order will dispose of RFA Nos. 1866, 4810 to 4812 of 2006 and 427 of 2007, as common questions of law and facts are involved therein. The landowners are in appeal seeking enhancement in the amount of compensation awarded by the learned court below. Brief facts of the case are that vide notification dated 02.09.2000, issued under Section 4 of the Land Acquisition Act 1894 ( for short “the Act”), land situated in the area of villages Matand, Hadbast No. 24, Roland Latifpur, Hadbast No. 147 and Sargthal, Hadbast No. 60 Tehsil Gohana, District Sonepat was acquired by the State of Haryana for construction of Mehmudpur and Sargthal Minors. Notification under Section 6 of the Act was issued on 9.4.2001. The Land Acquisition Collector (for short “the Collector”) vide his awards assessed the market value of the acquired land, as under:- Name of village Land acquired On measurement actual land found Award of the Collector ( in ` per acre) Matand 1.75 acres 1.97 acres 1,35,000/- for Nehri/ Chahi land Roland Latifpur 2.59 acres 2.32 acres 1,20,000/- for Nehri land Sargthal 4.87 acres 2.55 acres 1,30,000/- for Nehri and 70,000/- for gair mumkin land RFA No. 1866 of 2006 2 The landowners feeling dissatisfied with the award of the Collector, filed reference under Section 18 of the Act. The learned court below determined the market value of the acquired land pertaining to village Matand @ ` 2,00,000/- per acre, for village Roland Latifpur @ ` 1,50,000/- per acre for Nehri and for village Sargthal @ ` 1,50,000/- for Nehri and ` 81,000/- per acre for gair mumkin kind of land. Learned counsel for the landowners in RFA No. 1866 of 2006 submitted that the learned court below had gone wrong in applying a cut of 33.3% out of sale consideration shown in sale deed Ex.P-1 dated 15.5.2001, whereby four kanals of land was sold at an average price of ` 3,00,000/- per acre. The acquired land is located close to abadi of village Matand near the metalled Road. The land pertaining to sale deed is located at distance of one and half acres from the acquired land of the same village. This being most appropriate piece of evidence should have been considered by the learned court below without applying any cut. The land was not acquired for urban development, where certain roads were to be carved out. It was acquired for construction of minor. With the construction of minor, the land of the landowners was divided into two parts, which made it difficult for them to cultivate the two divided portions. On the other hand, learned counsel for the State submitted that the learned court below was quite generous in awarding compensation to the landowners while relying upon a sale deed, which was registered after the issuance of notification under Section 4 of the Act. Considering the time gap of nine months therein, the learned court below has reasonably applied a cut of 33.3% while assessing compensation for the acquired land, which does not call for any interference by this Court. As far as the cases pertaining to villages Sargthal and Roland Latifpur is concerned, the submission is that the amount as assessed by the learned court below is reasonable considering the evidence produced on record by them i.e. sale deed Ex.P-6 dated 16.6.1997, vide which eight kanals of land was sold for a sum of ` 1,70,000/-, which pertained to the revenue estate of village Roland Latifpur. Heard learned counsel for the parties. RFA No. 1866 of 2006 3 The acquisition in the present case is for the purpose of construction of Mehmudpur and Sargthal Minors. The Collector assessed the value of Nehri/Chahi land of village Matand @ ` 1,35,000/- per acre, for village Sargthal @ ` 1,30,000/- per acre for Nehri and ` 70,000/- per acre for gair mumkin land and for village Roland Latifpur @ ` 1,20,000/- per acre for Nehri land. Coming to the evidence produced by the landowners on record pertaining to village Matand, it is sale deed Ex.P-1 dated 15.5.2001, whereby four kanals of land was sold at an average price of ` 3,00,000/- per acre. The genuineness of the aforesaid sale deed is not in dispute as the State is not in appeal against the award of the learned court below. The land pertaining to the aforesaid sale deed is located one and a half acres away from the acquired land. The only grouse raised by learned counsel for the landowners was that cut of 33.3% applied on the sale consideration shown in the aforesaid sale deed is on the higher side. In fact, the same was not required to be applied at all considering the fact that the land was not acquired for urbanization where certain roads were to be carved out. The landowners have also suffered on account of severance of their land. As far as the cases pertaining to villages Sargthal and Roland Latifpur is concerned, there is a sale deed produced on record Ex.P-6 dated 16.6.1997, whereby one acre of land was sold for a consideration of ` 1,70,000/-. The learned court below had committed an error in not granting any increase in the value as shown in the sale deed, which was registered on 16.6.1997, though notification under Section 4 of the Act was issued on 2.9.2000. There is time gap of three years and three months. The genuineness of the even aforesaid sale deed was not disputed by the State. The land pertaining to the aforesaid sale deed is located 10 acres away from the acquired land. The landowners are entitled to increase on the value of land as shown in the aforesaid sale deed for the time gap in the registration of sale deed and issuance of notification under Section 4 of the Act. It was also not disputed that the acquired land is pertaining to three villages located in contiguity. The value of the land as assessed by the RFA No. 1866 of 2006 4 Collector is also quite similar. In case increase @ 12% per annum is awarded to the landowners of villages Sargthal and Roland Latifpur on the value as is shown in the sale deed Ex.P-6 for the time gap and a cut of 20% is applied on the value of land shown in the sale deed Ex.P-1 pertaining to the land of village Matand, the same will come out to ` 2,40,000/- per acre. For the reasons mentioned above, the bunch of appeals is allowed. The value of the acquired land pertaining to villages Matand, Roland Latifpur and Sargthal is assessed @ ` 2,40,000/- per acre. The award of the learned court below is modified to the extent above. The landowners shall also be entitled to all statutory benefits on the enhanced compensation. The appeals are disposed of accordingly. (RAJESH BINDAL) JUDGE 19.12.2011 sharmila