RFA No.1675 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1675 of 2011 Date of Decision:29.07.2011 Administrator, HUDA, Urban Estate, Sector 14, Delhi Road, Gurgaon ....appellant Versus Rajinder Jain & Ors. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Gitish Bhardwaj, Advocate for Mr.Arun Walia, Advocate for the appellant *** RAKESH KUMAR GARG, J.(ORAL): Appellant HUDA has approached this Court challenging the Award dated 18.09.2010 passed by the reference Court under Section 18 of the Land Acquisition Act, 1894(hereinafter referred to as 'the Act'), whereby compensation of the acquired land has been assessed at ` 7,22,500/- per acre. The challenge to the aforesaid award has been made on the ground that compensation awarded is excessive. Brief facts of the appeal are that the State of Haryana issued notification dated 16.12.1988 under Section 4 of the Act, intending to acquire 7.28 acres of land in village Khandsa, Tehsil and District Gurgaon for a public purpose namely 'for the development of Industrial Area Sector 37 at Gurgaon, at public expense. The aforesaid notification was followed by another notification dated 14.12.1989 under Section 6 of the Act. Subsequently, RFA No.1675 of 2011 2 Land Acquisition Collector(LAC), announced Award No.11 on 08.10.2001 whereby the compensation was awarded to the landowners for the acquired land @ ` 1,50,000/- per acre. Feeling aggrieved from the aforesaid Award of the LAC claimants filed reference application under Section 18 of the Act seeking enhancement of the compensation inter alia pleading that the acquired land had potential value and the market value of the land was not less than ` 1 crore per acre. It was further averred that even the landowners had acquired land @ ` 1700/- per sq.yard for the purpose of their residence and the acquired land was adjacent to National Highway No.8 and within the municipal limits of Gurgaon and many industrial units were existing in the nearby area at the time of notification under Section 4 of the Act. The claim of the landowners was contested by respondent Nos.4 and 5 i.e. State of Haryana only. It was pleaded on behalf of the respondent-State that the compensation awarded by the LAC was just, fair and reasonable and compensation has been determined after keeping in view the various factors relevant for the purpose of determination of the compensation as provided under Section 23 of the Act. Though, appellant was arrayed as respondent in the reference application, however, no separate pleadings were filed and vide order dated 06.12.2006, a statement was made on behalf of the appellant to adopt the written statement filed on behalf of the State of Haryana. It is relevant to note that before the reference Court, claimants relied upon judgement dated 13.05.1999(Ex.P-3) passed in RFA No.59 of 1997 titled as Attar Singh vs.State of Haryana whereby this Court had awarded compensation @ ` 7,22,500/- per acre in respect of the land of village Khandsa acquired vide the same notification dated 16.12.1988, which is the subject matter of this appeal. It has also been referred by the RFA No.1675 of 2011 3 reference Court that State/appellant had not disputed the fact that the aforesaid Award Ex.P-3 has attained finality. Relying upon the aforesaid Award Ex.P-3 the reference court has determined the compensation @ ` 7,22,500/-per acre for the acquired land. If that is so, there is no justification of filing this appeal before this Court challenging the Award of the reference Court vide this appeal. This appeal, in fact, seems to have been filed against the policy of the litigation of the State of Haryana. In spite of the fact that the reference Court has determined the compensation on the basis of an Award of this Court for the land arising out of the same acquisition and which has already attained finality still this appeal has been filed, which has resulted into, apart from expenditure on the part of the Government, wastage of precious time of the Court. The Hon'ble Apex Court in the case of State of Uttaranchal versus Balwant Singh Chaufal and others, 2010(1)RCR (Civil) 842 has held that the Court should also ensure that the petitions filed for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations. In view of the aforesaid law laid down and to curb the tendency of this kind of frivolous litigation, this Court deems appropriate to impose the costs which are assessed at ` 40,000/-to be paid/deposited within one month from today, with the State Legal Services Authority, Chandigarh. (RAKESH KUMAR GARG) JUDGE 29.07.2011 neenu