RFA No.1910 of 2002 and -1 - Objection No.19-CI of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1910 of 2002 and X Objection No.19-CI of 2009 Date of Decision: 15.5.2009 Sanjay Kumar @ Sanjay Bansal and another ..Appellants. Vs. The Haryana State through Collector Land Acquisition, Panipat and others ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Sachin Mittal and Mr.B.S.Rathee, Advocates for the appellants in RFA Nos.1918, 1919 and 3446 of 2002 and Cross Objectors in Cross Objections No.19-CI of 2009 in RFA No.1910 of 2002 and 21-CI of 2009 in RFA No.3652 of 2002. Mr.Rajiv Kawatra, Sr.DAG Haryana for the appellants in RFA Nos.1910, 1911, 1915, 1916 and 3652 of 2002. RAKESH KUMAR JAIN, J. This order shall dispose of eight Regular First Appeals out of which five appeals bearing Nos.1910, 1911, 1915, 1916, 3652 of 2002 have been filed by the State and three appeals bearing Nos.1918, 1919 and 3446 of 2002 have been filed by the claimants/land owners and X Objections bearing Nos.19-CI of 2009 in RFA No.1910 of 2002 and X Objection No.21-CI of 2009 in RFA No.3652 of 2002 also filed by the claimants against the award of Additional District Judge, Panipat dated 7.2.2002. Since identical question of law and facts are involved, therefore, all the appeals as well as Cross Objections are being disposed of by this common order. However, the facts are being extracted from RFA No.1910 of 2002. RFA No.1910 of 2002 and -2 - Objection No.19-CI of 2009 Briefly stated the facts of the case are that vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short `the Act') dated 13.10.1989 land of village Siwah Kheri, District Panipat was acquired for public purpose, namely, for the construction of Ugra Kheri to Siwah Kheri Yadgar Kala Amb. The District Revenue Officer-cum-Land Acquisition Collector (for short `the Collector') vide his award No.3/1990- 1991 dated 27.7.1990 assessed the market value of the acquired land at the following rates: Chahi Rs.1,00,000/- per acre Barani Rs.90,000/- per acre Banjar Rs.70,000/- per acre Qadim Besides the above, solatium @ 30% as well as compulsory acquisition charges @ 12% per annum were also awarded along with compensation for building, structure, trees and crops. The claimants were not satisfied with the award of the Collector, therefore, they filed Objections under Section 18 of the Act and prayed for compensation @ Rs.300/- per sq.yard claiming that the acquired land had great potentiality which could be used for commercial and residential purposes. Controverting the stand taken by the respondents, the State of Haryana alleged that Collector has already awarded just and adequate compensation to the claimants which does not call for any further enhancement. Both the parties led their respective evidence to substantiate their respective cases. The learned Reference Court relied upon judicial pronouncements in Ex.P2 to Ex.P4 pertaining to land of village Ugra Kheri, which was acquired vide notification dated 15.12.1982, in which this Court had assessed the RFA No.1910 of 2002 and -3 - Objection No.19-CI of 2009 compensation @ Rs.72/- per square yard vide its award/order dated 7.7.1995. The learned Reference Court found that if value of the land was Rs.72/- per sq.yard in the year 1982 then after 8 years when the present acquisition took place, the compensation should be Rs.141.12 paise per square yard after giving an increase of 12% per annum. Sh.Rajiv Kawatra, Sr.DAG Haryana while arguing the appeals filed by the State of Haryana has vehemently contended that learned Reference Court has erred in not appreciating the sale instances available on record. On a pointed question put to the counsel for the respondent that which sale instance has not been considered, he could not point out any such sale instance. Thus, his argument is found to be misconceived and without any merit. Similarly counsel for the claimants/Cross Objectors has argued that in the case of village Kubha Kheri, the land was beyond the road whereas in the case of village Siwah Kheri, the land is towards road, therefore, compensation should have much more. Even the land owners did not place on record any sale deed of the period between 1982 to 1990 which could show rise in price. However, keeping in view the fact that compensation of the land of village Ugra Kheri was assessed in the year 1982 @ Rs.72/- per sq.yard, an increase of 12% has been given because of the reason that the land in question is situated nearby Panipat town, which is a fast developing industrial town. Thus, the compensation assessed by the Court below is just and adequate. No other point has been raised by either of counsel for the parties. In view of the above, I do not find any merit in the present RFA No.1910 of 2002 and -4 - Objection No.19-CI of 2009 appeals as well as the Cross Objections and as such, the appeals as well as Cross Objections are dismissed with no order as to costs. (Rakesh Kumar Jain) 15.5.2009 Judge Meenu