RFA No. 2815 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: April 27 ,2009 1. R.F.A. No. 2815 of 2008 (O&M) Prem and others .. Appellants v. The State of Haryana and others .. Respondents 2. R.F.A. No. 399 of 2008 (O&M) Jagphul and others .. Appellants v. State of Haryana and others .. Respondents 3. R.F.A. No. 4179 of 2006 (O&M) Charan Singh .. Appellant v. State of Haryana and others .. Respondents 4. R.F.A. No. 4180 of 2006 (O&M) Shakuntla and others .. Appellants v. State of Haryana and others .. Respondents 5. R.F.A. No. 4181 of 2006 (O&M) Raj Singh and others .. Appellants v. State of Haryana and others .. Respondents 6. R.F.A. No. 4182 of 2006 (O&M) Ram Mehar and others .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [2] 7. R.F.A. No. 4183 of 2006 (O&M) Same Singh and others .. Appellants v. State of Haryana and others .. Respondents 8. R.F.A. No. 4184 of 2006 (O&M) Om Parkash and others .. Appellants v. State of Haryana and others .. Respondents 9. R.F.A. No. 166 of 2007 (O&M) Sardara .. Appellant v. State of Haryana and others .. Respondents 10. R.F.A. No. 167 of 2007 (O&M) Kidar Singh .. Appellant v. State of Haryana and others .. Respondents 11. R.F.A. No. 168 of 2007 (O&M) Ranbir Singh .. Appellant v. State of Haryana and others .. Respondents 12. R.F.A. No. 169 of 2007 (O&M) Umrao Singh .. Appellant v. State of Haryana and others .. Respondents 13. R.F.A. No. 170 of 2007 (O&M) Umrao Singh .. Appellant v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [3] 14. R.F.A. No. 171 of 2007 (O&M) Om Parkash and others .. Appellants v. State of Haryana and others .. Respondents 15. R.F.A. No. 172 of 2007 (O&M) Devi Singh .. Appellant v. State of Haryana and others .. Respondents 16. R.F.A. No. 173 of 2007 (O&M) Ram Mehar .. Appellant v. State of Haryana and others .. Respondents 17. R.F.A. No. 174 of 2007 (O&M) Hari Singh alias Chandan .. Appellant v. State of Haryana and others .. Respondents 18. R.F.A. No. 175 of 2007 (O&M) Jai Bhagwan and others .. Appellants v. State of Haryana and others .. Respondents 19. R.F.A. No. 176 of 2007 (O&M) Suraj Mal and others .. Appellants v. State of Haryana and others .. Respondents 20. R.F.A. No. 195 of 2007 (O&M) Ranjit .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [4] 21. R.F.A. No. 354 of 2007 (O&M) Sukhbir and another .. Appellants v. State of Haryana and others .. Respondents 22. R.F.A. No. 372 of 2007 (O&M) Shanti and others .. Appellants v. State of Haryana and others .. Respondents 23. R.F.A. No. 675 of 2007 (O&M) Nav Rattan and others .. Appellants v. State of Haryana and others .. Respondents 24. R.F.A. No. 1730 of 2007 (O&M) Shanti and others .. Appellants v. State of Haryana and others .. Respondents 25. R.F.A. No. 1838 of 2007 (O&M) Ramesh and others .. Appellants v. State of Haryana and others .. Respondents 26. R.F.A. No. 3686 of 2007 (O&M) Karan and others .. Appellants v. State of Haryana and others .. Respondents 27. R.F.A. No. 3701 of 2007 (O&M) Saroj and others .. Appellants v. State of Haryana and others .. Respondents 28. R.F.A. No. 3702 of 2007 (O&M) Ram Dhan .. Appellant v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [5] 29. R.F.A. No. 3703 of 2007 (O&M) Karan Singh and another .. Appellants v. State of Haryana and others .. Respondents 30. R.F.A. No. 3704 of 2007 (O&M) Jagdish .. Appellant v. State of Haryana and others .. Respondents 31. R.F.A. No. 3705 of 2007 (O&M) Lachhman and others .. Appellants v. State of Haryana and others .. Respondents 32. R.F.A. No. 3706 of 2007 (O&M) Jai Bhagwan .. Appellant v. State of Haryana and others .. Respondents 33. R.F.A. No. 3897 of 2007 (O&M) Anand and others .. Appellants v. State of Haryana and others .. Respondents 34. R.F.A. No. 3898 of 2007 (O&M) Ram Kishan and others .. Appellants v. State of Haryana and others .. Respondents 35. R.F.A. No. 3899 of 2007 (O&M) Surja and others .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [6] 36. R.F.A. No. 3900 of 2007 (O&M) Randhir and others .. Appellants v. State of Haryana and others .. Respondents 37. R.F.A. No. 3901 of 2007 (O&M) Smt. Dhanpati and others .. Appellants v. The State of Haryana and others .. Respondents 38. R.F.A. No. 3902 of 2007 (O&M) Smt. Vidya Devi and others .. Appellants v. The State of Haryana and others .. Respondents 39. R.F.A. No. 3903 of 2007 (O&M) Chander .. Appellant v. The State of Haryana and others .. Respondents 40. R.F.A. No. 3904 of 2007 (O&M) Surat Singh .. Appellant v. The State of Haryana and others .. Respondents 41. R.F.A. No. 3905 of 2007 (O&M) Ram Niwas and another .. Appellants v. State of Haryana and others .. Respondents 42. R.F.A. No. 3906 of 2007 (O&M) Ramesh Chander .. Appellants v. The State of Haryana and others .. Respondents RFA No. 2815 of 2008 [7] 43. R.F.A. No. 3907 of 2007 (O&M) Mukhtiar Singh .. Appellant v. The State of Haryana and others .. Respondents 44. R.F.A. No. 4095 of 2007 (O&M) Shanti and others .. Appellants v. State of Haryana and others .. Respondents 45. R.F.A. No. 4157 of 2007 (O&M) Daya Singh .. Appellant v. State of Haryana and others .. Respondents 46. R.F.A. No. 249 of 2008 (O&M) Satbir .. Appellant v. The State of Haryana and others .. Respondents 47. R.F.A. No. 400 of 2008 (O&M) Rajbir Singh and another .. Appellants v. State of Haryana and others .. Respondents 48. R.F.A. No. 537 of 2008 (O&M) Rajesh alias Pushpender and others .. Appellants v. State of Haryana and others .. Respondents 49. R.F.A. No. 538 of 2008 (O&M) Smt. Rukman and others .. Appellants v. State of Haryana and others .. Respondents 50. R.F.A. No. 619 of 2008 (O&M) Sandeep and another .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [8] 51. R.F.A. No. 620 of 2008 (O&M) Dhanpatti and others .... Appellants v. State of Haryana and others .. Respondents 52. R.F.A. No. 621 of 2008 (O&M) Hukam Chand and others .. Appellants v. State of Haryana and others .. Respondents 53. R.F.A. No. 622 of 2008 (O&M) Mohinder Singh .. Appellant v. State of Haryana and others .. Respondents 54. R.F.A. No. 623 of 2008 (O&M) Tara Chand .. Appellant v. State of Haryana and others .. Respondents 55. R.F.A. No. 624 of 2008 (O&M) Ranbir Singh .. Appellant v. State of Haryana and others .. Respondents 56. R.F.A. No. 626 of 2008 (O&M) Maman Singh and another .. Appellants v. State of Haryana and others .. Respondents 57. R.F.A. No. 627 of 2008 (O&M) Suraj Kaur and others .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [9] 58. R.F.A. No. 628 of 2008 (O&M) Om Parkash and others .. Appellants v. State of Haryana and others .. Respondents 59. R.F.A. No. 629 of 2008 (O&M) Ranbir .. Appellant v. State of Haryana and others .. Respondents 60. R.F.A. No. 630 of 2008 (O&M) Bhim Singh and others .. Appellants v. State of Haryana and others .. Respondents 61. R.F.A. No. 631 of 2008 (O&M) Jagbir Singh .. Appellant v. State of Haryana and others .. Respondents 62. R.F.A. No. 632 of 2008 (O&M) Mohinder Singh .. Appellant v. State of Haryana and others .. Respondents 63. R.F.A. No. 633 of 2008 (O&M) Rakesh and others .. Appellants v. State of Haryana and others .. Respondents 64. R.F.A. No. 634 of 2008 (O&M) Bhim Singh .. Appellant v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [10] 65. R.F.A. No. 635 of 2008 (O&M) Sukhbir Singh .. Appellant v. State of Haryana and others .. Respondents 66. R.F.A. No. 714 of 2008 (O&M) Daya Singh .. Appellant v. State of Haryana and others .. Respondents 67. R.F.A. No. 715 of 2008 (O&M) Narinder Singh .. Appellant v. State of Haryana and others .. Respondents 68. R.F.A. No. 960 of 2008 (O&M) Karan Singh and another .. Appellants v. State of Haryana and others .. Respondents 69. R.F.A. No. 961 of 2008 (O&M) Mahender Singh and others .. Appellants v. State of Haryana and others .. Respondents 70. R.F.A. No. 962 of 2008 (O&M) Ram Naresh and another .. Appellants v. State of Haryana and others .. Respondents 71. R.F.A. No. 963 of 2008 (O&M) Jage Ram and others .. Appellants v. State of Haryana and others .. Respondents 72. R.F.A. No. 997 of 2008 (O&M) Smt. Sona Dei and others .. Appellants v. Land Acquisition Collector and others .. Respondents RFA No. 2815 of 2008 [11] 73. R.F.A. No. 998 of 2008 (O&M) Rajbir Singh and others .. Appellants v. Land Acquisition Collector and others .. Respondents 74. R.F.A. No. 1014 of 2008 (O&M) Inder Singh and others .. Appellants v. State of Haryana and others .. Respondents 75. R.F.A. No. 1018 of 2008 (O&M) Karan Singh .. Appellant v. The State of Haryana and others .. Respondents 76. R.F.A. No. 1019 of 2008 (O&M) Hawa Singh and others .. Appellants v. Land Acquisition Collector and others .. Respondents 77. R.F.A. No. 1020 of 2008 (O&M) Ramesh Chander and others .. Appellants v. The State of Haryana and others .. Respondents 78. R.F.A. No. 1021 of 2008 (O&M) Chander Bhan and another .. Appellants v. The Land Acquisition Collector and others .. Respondents 79. R.F.A. No. 1022 of 2008 (O&M) Jai Bhagwan and others .. Appellants v. The State of Haryana and others .. Respondents RFA No. 2815 of 2008 [12] 80. R.F.A. No. 1189 of 2008 (O&M) Suraj Bhan and another .. Appellants v. State of Haryana and others .. Respondents 81. R.F.A. No. 1716 of 2008 (O&M) Sh. Dharambir .. Appellant v. State of Haryana and others .. Respondents 82. R.F.A. No. 1717 of 2008 (O&M) Bhim Singh .. Appellant v. State of Haryana and others .. Respondents 83. R.F.A. No. 1732 of 2008 (O&M) Smt. Chand Kaur and others .. Appellants v. State of Haryana and others .. Respondents 84. R.F.A. No. 1809 of 2008 (O&M) Raj Singh and others .. Appellants v. State of Haryana and others .. Respondents 85. R.F.A. No. 1868 of 2008 (O&M) Harpal and another .. Appellants v. State of Haryana and others .. Respondents 86. R.F.A. No. 1869 of 2008 (O&M) Raj Singh and others .. Appellants v. State of Haryana and another .. Respondents RFA No. 2815 of 2008 [13] 87. R.F.A. No. 1870 of 2008 (O&M) M/s Shiv Udyog .. Appellant v. State of Haryana and others .. Respondents 88. R.F.A. No. 1871 of 2008 (O&M) Chander Singh and others .. Appellants v. State of Haryana and another .. Respondents 89. R.F.A. No. 1883 of 2008 (O&M) Nasib Singh and another .. Appellants v. State of Haryana and others .. Respondents 90. R.F.A. No. 1885 of 2008 (O&M) Naresh Kumar and others .. Appellants v. State of Haryana and others .. Respondents 91. R.F.A. No. 1957 of 2008 (O&M) Raj Singh and others .. Appellants v. State of Haryana and others .. Respondents 92. R.F.A. No. 2608 of 2008 (O&M) Chander and others .. Appellants v. The State of Haryana and others .. Respondents 93. R.F.A. No. 2609 of 2008 (O&M) Thambu and others .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [14] 94. R.F.A. No. 2610 of 2008 (O&M) Daya Nand and others .. Appellants v. State of Haryana and others .. Respondents 95. R.F.A. No. 2611 of 2008 (O&M) Ganeshi .. Appellant v. The Engineer-in-Chief, Irrigation Department and others .. Respondents 96. R.F.A. No. 2612 of 2008 (O&M) Ganeshi .. Appellant v. The Engineer-in-Chief, Irrigation Department and others .. Respondents 97. R.F.A. No. 2630 of 2008 (O&M) Badle .. Appellant v. State of Haryana and others .. Respondents 98. R.F.A. No. 2631 of 2008 (O&M) Ashok Kumar and others .. Appellants v. State of Haryana and others .. Respondents 99. R.F.A. No. 2653 of 2008 (O&M) Anand Khatri and others .. Appellants v. The State of Haryana and others .. Respondents 100. R.F.A. No. 2824 of 2008 (O&M) Ranbir and others .. Appellants v. State of Haryana and others .. Respondents RFA No. 2815 of 2008 [15] 101. R.F.A. No. 2825 of 2008 (O&M) Ram Karan and others .. Appellants v. State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vikram Singh, Mr. Gourav Mohunta, Mr. Harkesh Manuja, Mr. Ravinder Malik, Mr. Ravinder Hooda and Mr. Gobind Dhanda, Advocates for the land owners. Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. Rajesh Bindal J. This order will dispose of a bunch of above mentioned 101 appeals, as common questions of law and facts are involved. The land owners are in appeal seeking further enhancement of compensation for the acquired land. The State being satisfied with the award did not file any appeal. As the acquired land pertained to different villages, the individual facts thereof are noticed below: Regarding acquisition of land of village Mehlana Land measuring 22.02 acres situated in village Mehlana, Hadbast No. 193, Tehsil and District Sonepat, was acquired by the Government of Haryana vide notification dated 16.8.2002 and 3.10.2002, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for the purpose of construction of Career Lined Channel. The Land Acquisition Collector (for short, `the Collector') assessed the market value of the acquired land at Rs. 3,00,000/- per acre. The land owners feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value @ Rs. 7,40,000/- per acre for the land which was abutting to the village abadi and Rs. 5,00,000/- per acre for the remaining land. Regarding acquisition of land of village Barwasni Vide another notification dated 16.8.2002 and 3.10.2002 issued under Section 4 of the Act, Government of Haryana acquired 27.94 acres of land in village Barwasni, Tehsil and District Sonepat for the same purpose. The Collector RFA No. 2815 of 2008 [16] assessed the market value of the acquired land @ Rs. 3,00,000/- per acre. The land owners feeling dissatisfied with the quantum of compensation awarded by the Collector, filed objections. On reference under Section 18 of the Act, the learned court below upheld the award of the Collector. Regarding acquisition of land of village Mahra Vide notifications dated 26.8.2002 and 29.10.2002, issued under Section 4 of the Act, the State acquired 10.45 acres of land situated in village Mahra, Hadbast No. 157, Tehsil and District Sonepat. for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,50,000/- per acre. On reference under Section 18 of the Act, the learned court below upheld the award of the Collector. Regarding acquisition of land of village Mehmudpur Majra By another notification dated 16.8.2002 and 3.10.2002 issued under Section 4 of the Act, the State acquired 20.43 acres of land, situated in village Mehmudpur Majra, Hadbast No. 129, Tehsil, Ganaur, District Sonepat for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,40,000/- per acre for Nehri land; Rs. 1,80,000/- per acre for Barani land and Rs. 1,60,000/- per acre for Banjar/Gair Mumkin kind of land. Feeling dissatisfied, the land owners filed objections which were referred to the leaned court below, who keeping in view the material placed on record by both the parties, upheld the award of the Collector. Regarding acquisition of land of village Kailana Vide notifications dated 16.8.2002 and 3.10.2002, issued under Section 4 of the Act, the State Government acquired 20.29 acres of land situated in village Kailana Hadbast No. 143, Tehsil Ganaur, District Sonepat for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,10,000/- per acre. On reference under Section 18 of the Act, the learned court below upheld the award of the Collector. Regarding acquisition of land of village Hulaheri Vide notification dated 16.8.2002, issued under Section 4 of the Act, the Government of Haryana acquired 16.26 acres of land situated in village Hulaheri Hadbast No. 201, Tehsil and District Sonepat for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,00,000/- per acre. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ Rs. 4,00,000/- per acre. Regarding acquisition of land of village Sitawali Vide notification dated 16.8.2002, issued under Section 4 of the Act, RFA No. 2815 of 2008 [17] the Government of Haryana acquired 37.13 acres of land situated in village Sitawali Hadbast No. 115, Tehsil and District Sonepat for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,00,000/- . On reference under Section 18 of the Act, the learned court below assessed the market value @ Rs. 3,20,000/- per acre for the land abutting the village abadi and for the remaining land, it upheld the award of the Collector. Regarding acquisition of land in village Kakroi Vide notification dated 16.8.2002 and 3.10.2002 issued under Section 4 of the Act, the Government of Haryana acquired 26.06 acres of land situated in village Kakroi Hadbast No. 192, Tehsil and District Sonepat for the same purpose. The Collector assessed the market value of the acquired land @ Rs. 2,00,000/- per acre. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land @ Rs. 4,00,000/- per acre. Discussions Regarding acquisition of land in village Mehlana Learned counsel for the land owners submitted that the evidence produced by them on record pertaining to sale of land of village Mehlana, which is located close to the acquired land, has not been considered. The sale deeds produced on record clearly established that the value of land in the area was increasing at a very fast pace. Even though the court below had relied upon sale deed Ex. P9, however, still inspite of the fact that it was mentioned in the impugned award that cut of 40% was sought to be applied, the value, as was arrived at after application of cut, was not correct. In fact, that value comes in case 60% is reduced from the value shown in sale deed Ex. P9. Accordingly, even on account of calculation also, the amount of compensation, which the land owners are entitled to, deserves to be increased. It was further submitted that the acquisition was for the purpose of construction of Career Lined Channel. The land of the land owners has been bifurcated into two parts and on that account, they are entitled to damages on account of severance as well, which should be atleast to the extent of 50% of the value of the acquired land. It was further submitted that the value of the acquired land is to be assessed considering the fact that it is a part of National Capital Region and next to village abadi. Even for acquisition carried out vide notification dated 6.3.2006 in the vicinity, i.e. just 4 years later, even the State had awarded compensation @ Rs. 12,50,000/- per acre. It was further submitted that if any cut was required to be applied, the same should not have been more than 1/3rd and the application of 40% was not correct. On the other hand, learned counsel for the State submitted that the RFA No. 2815 of 2008 [18] compensation, as assessed by the learned court below, is much more than the land owners deserved. Error in calculation of the amount was not disputed, however, it was submitted that in fact the court wanted to apply 60% cut but it was inadvertently mentioned as 40%. In fact, the sale deeds produced by the State had been wrongly ignored. It may be noticed here that the State is not in appeal against the impugned award challenging any of the finding recorded therein, namely, either reliance upon the sale deeds produced by the land owners or rejection of the sale deeds produced by the State. Heard learned counsel for the parties and perused the relevant referred record. Considering the evidence produced on record by the land owners, in my opinion, value of the acquired land, as assessed by the learned court below deserves some re-shuffling. It is a case where the State is not aggrieved against the impugned award and has not challenged any of the finding recorded in favour of the land owners or against the State. Accordingly, all what has to be considered is as to whether there is justification for the award of compensation to the land owners at the rate, which has been granted or the same deserves any further increase or it is to be recalculated properly. There are 5 sale deeds produced on record by the land owners. The court below, though initially opined that two sale deeds (Ex. P4 and Ex. P9) which were registered quite close to the acquisition and the location thereof is merely 6-7 acres from the acquired land are relevant which deserve consideration for the purpose of determination of fair value of the acquired land. However, finally the court merely relied upon sale deed (Ex. P9) and directed for application of cut of 40% therein to assess the compensation payable for the acquired land which, in my opinion, was not the correct approach. Once the court had opined that relevant sale deeds are Ex. P4 and Ex. P9, both should have been taken into consideration. All what the court was required to do so was to grant increase in the average value shown in the sale deeds, considering the time gap till the notification under Section 4 of the Act was issued. Sale deed (Ex.P4) was registered on 26.7.2001 at an average price of Rs. 12,11,428/- per acre. There being gap of one year, after granting increase @ 12% per annum, the value, which is to be considered, comes out to Rs. 13,56,800/-. The average value per acre paid vide sale deed (Ex. P9) registered on 8.1.2002 was Rs. 15,95,000/-. Considering the time gap of 7 months, if increase @ 12% per annum is granted thereon, the average value comes out to Rs. 18,13,650/-. Considering the fact that both the sale deeds pertained to merely 7 marlas and 16 marlas of land and the acquisition being RFA No. 2815 of 2008 [19] for 22 acres, in my opinion, cut of 50% would be reasonable and applying the same, the value of the acquired land would come out to Rs. 7,92,612/-, which is rounded off to Rs. 7,92,600/- per acre. Accordingly, the compensation, as was assessed by the learned court below at Rs. 7,40,000/- per acre is enhanced to Rs. 7,92,600/- per acre. As the value of the land, which is at a distance from the village abadi was assessed by approximation at Rs. 5,00,000/- per acre, considering the increase in the value of other land, corresponding increase in the value of the land which was assessed at Rs. 5,00,000/- per acre is also required. Accordingly, the same is determined at Rs. 5,35,000/- per acre. The land owners shall also be entitled to all statutory benefits available under the Act. Regarding acquisition of land in village Barwasni Learned counsel for the land owners submitted that the evidence in the form of sale deed (Ex. PZ) which was registered prior