R.F.A. NO. 1839 OF 1989 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A. NO. 1839 OF 1989 (O & M) Date of Decision : 15.12.2010 M/s Appollo Land Housing Company (P) Limited ...............Appellant Versus State of Haryana ..............Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. J.L.Malhotra, Advocate For the landowners Mr.D.D.Gupta, Addl. Advocate General Haryana RAJESH BINDAL, J. This order shall dispose of bunch of appeals bearing RFA Nos.1839, 3022 of 1989, 72 to 76, 78, 159, 160, 234, 296, 1102 of 1990 and 271 of 1991, filed by the landowners seeking enhancement of compensation for the acquired land, as common questions of law and facts are involved in these appeals. The bunch of appeals pertain to the valuation of land acquired for the purpose of construction of road vide notification dated 10.12.1984 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') by the State of Haryana, pertaining to village Nathupur, Tehsil and District Gurgaon. The area acquired being 22.2 R.F.A. NO. 1839 OF 1989 2 acres. The Land Acquisition Collector (for short 'the Collector') assessed the market value of the acquired land @ ` 1,24,800/- for chahi, ` 1,04,960/- for magda and ` 35,200/- for gair mumkin kind of land, vide his award dated 6.9.1985. The land owners being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. The learned Reference Court, while relying upon the sale instances produced by the parties assessed the compensation of the acquired land at ` 2,05,600/- per acre. Aggrieved against the award of the learned court below, the landowners are in appeal before this court. Learned counsel for the land owners submitted that the learned court below has not awarded just and fair compensation for the acquired land to the appellants. He further submitted that the acquired land was located close to DLF Qutab Enclave Complex and whole land was situated within the revenue estate of Gurgaon, which is part of the National Capital Region. He further submitted that sale deeds produced by the land owners have not been considered. On the other hand, Sh. D.D.Gupta, Addl. Advocate General Haryana has submitted that the learned court below has already taken into consideration all the sale instances produced by the land owners while awarding the compensation. He further submitted that the land owners are not entitled for further enhancement of compensation for the acquired land as compensation assessed is just and adequate. R.F.A. NO. 1839 OF 1989 3 Heard learned counsel for the parties and perused the relevant referred record. In the present case, the land owners relied upon the following sale instances for assessment of the market value of their acquired land:- Exhibit Date of Area sold Total Sale Rate per Sale in Bighas/ consider- acre (in `) biswas/Biswansi action (in `) -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.- P-3 25.9.85 1-14-0 5,80,000/- 5,46,000/- P-4 29.10.84 3-0-0 4,23,750/- 2,26,000/- P-5 2.12.84 15-4-0 23,67,500/- 2,46,000/- P-6 28.6.85 0-4-0 4,500/- 3,64,000/- P-7 7.1.85 1-18-0 3,08,750/- 2,60,000/- In the aforesaid sale instances Ex.P5 and Ex.P7 are most relevant and they can be relied upon while assessing the market value of the acquired land as in these sale deeds were executed in close proximity of the date of notification under section 4 of the Act in the instant case. The average sale consideration of the above two sale instances comes to ` 2,56,000/- per acre. In the instant case, a big chunk of land was acquired for the consturction of road whereas in the sale instances Ex.P5 and Ex.P7 small pieces of land were sold. So, to assess the just and adequate compensation of the acquired land, 25% cut on the average price of the sale consideration of the above two sale instances will be appropriate and while applying the 25% cut on the average sale consideration of the above R.F.A. NO. 1839 OF 1989 4 two sale instances, the amounts comes to ` 1,92,000/- per acre. Whereas the learned court below has already granted ` 2,05,600/- per acre to the landowners for their acquired land, accordingly, no case for further enhancement is made out. Moreover, in the instant case, the land was acquired for the construction of the road and the land owners are the private builders and their housing projects are surrounded by this road so, they are the main beneficiary with the construction of the road. Considering the sale instances produced by the land owners, I do not find any ground is made out for further enhancement. Accordingly, the appeals are dismissed. (RAJESH BINDAL) 15.12.2010 JUDGE aj