R.F.A. No. 795 of 1990 [ 1 ] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: September 22 ,2008 1. R.F.A.No. 795 of 1990 Devi Singh (Deceased) through LR’s Bishamber and others ………Appellants Versus The Land Acquisition Collector and another …..Respondents 2. R.F.A.No.297 of 1989 Rajesh Rani ….Appellant Versus State of Haryana …..Respondent 3. R.F.A.No.1474 of 1989 Hukam Singh ….Appellant Versus State of Haryana ….Respondent 4. R.F.A.No.1687 of 1989 Balbir Singh and others ….Appellants Versus State of Haryana and another …...Respondents 5. R.F.A.No.1688 of 1989 Narender Pal Singh and another …Appellants Versus State of Haryana ……Respondent R.F.A. No. 795 of 1990 [ 2 ] 6. R.F.A.No.1689 of 1989 Malkhan and others ……Appellants Versus State of Haryana …….Respondent 7. R.F.A.No.1690 of 1989 Dharam Singh (deceased) through LR’s Parveen and others …….Appellants Versus State of Haryana and others ……..Respondents 8. R.F.A.No.1691 of 1989 Jai Singh and another …….Appellants Versus State of Haryana and another …….Respondents 9. R.F.A.No.2012 of 1989 Gian Singh and others …….Appellants Versus State of Haryana …….Respondent 10. R.F.A.No.2327 of 1989 Mussadi Singh (deceased) through LR’s Hari Singh and others …….Appellants Versus State of Haryana ……Respondent 11. R.F.A.No.2328 of 1989 Bir Singh ……Appellant Versus State of Haryana ……Respondent R.F.A. No. 795 of 1990 [ 3 ] 12. R.F.A.No.2329 of 1989 Gajraj and others …..Appellants Versus State of Haryana …..Respondent 13. R.F.A.No.2330 of 1989 Arjan Singh ……Appellant Versus State of Haryana …..Respondent 14. R.F.A.No.2331 of 1989 Durjan Singh ….Appellant Versus State of Haryana …..Respondent 15. R.F.A.No.2349 of 1989 Inder Singh …..Appellant Versus State of Haryana and others ….Respondents- 16. R.F.A.No.2350 of 1989 Ved Parkash and others …..Appellants Versus State of Haryana …..Respondent 17. R.F.A.No.2759 of 1989 Mohinder Kumar …..Appellant Versus State of Haryana ……Respondent R.F.A. No. 795 of 1990 [ 4 ] 18. R.F.A.No.2819 of 1989 Dalel Singh and others ….Appellants Versus Haryana State and another …..Respondents 19. R.F.A.No.2889 of 1989 Dharam Pal Singh and others …Appellants Versus Haryana State ….Respondent 20. R.F.A.No.2944 of 1989 Bhoop Singh and others …..Appellants Versus State of Haryana …..Respondent 21. R.F.A.No.411 of 1990 Jai Pal and others …...Appellants Versus State of Haryana …..Respondent 22. R.F.A.No.438 of 1990 Fateh Singh ………Appellant Versus State of Haryana and others ……Respondents 23. R.F.A.No.439 of 1990 Mahabir Singh and others ……Appellants Versus State of Haryana …..Respondent R.F.A. No. 795 of 1990 [ 5 ] 24. R.F.A.No.440 of 1990 Sant Ram and others ….Appellants Versus State of Haryana ……Respondent 25. R.F.A.No.583 of 1990 Satya Dev and others ….Appellants Versus State of Haryana …Respondent 26. R.F.A.No.587 of 1990 Leela ….Appellant Versus State of Haryana …..Respondent 27. R.F.A.No.588 of 1990 Kanhiya Ram ….Appellant Versus State of Haryana …..Respondent 28. R.F.A.No.589 of 1990 Bharat Singh and others …..Appellants Versus Haryana State ….Respondent 29. R.F.A.No.590 of 1990 Hari Singh and another …Appellants Versus State of Haryana ….Respondent R.F.A. No. 795 of 1990 [ 6 ] 30. R.F.A.No.591 of 1990 Randhir Singh and others ………Appellants Versus State of Haryana ……Respondent 31. R.F.A.No.592 of 0990 Sheo Rai and others ……Appellants Versus State of Haryana …..Respondent 32. R.F.A.No.602 of 1990 Savitri and others …..Appellants Versus State of Haryana …..Respondent 33. R.F.A.No.794 of 1990 Jit Ram ….Appellant Versus The Land Acquisition Collector and another ……..Respondent 34. R.F.A.No.796 of 1990 Ram Kishan and others …..Appellants Versus State of Haryana …..Respondent 35. R.F.A.No.797 of 1990 Jag Ram …..Appellant Versus State of Haryana …..Respondent R.F.A. No. 795 of 1990 [ 7 ] 36. R.F.A.No.798 of 1990 Manohar ……Appellant Versus State of Haryana ….Respondent 37. R.F.A.No.799 of 1990 Hans Ram and others ……Appellants Versus State of Haryana and others …..Respondents 38. R.F.A.No.873 of 1990 Deropti Devi (deceased) through LR’s Chander Parkash and others ….Appellants Versus State of Haryana and others …..Respondents 39. R.F.A.No.896 of 1990 Raj Pal and others …..Appellants Versus Land Acquisition Collector and another ….Respondents 40. R.F.A.No.900 of 1990 Dalip Singh ……..Appellant Versus Land Acquisition Collector and another …..Respondents 41. R.F.A.No. 901 of 1990 Ram Narain and others …..Appellants Versus Land Acquisition Collector and another …Respondents R.F.A. No. 795 of 1990 [ 8 ] 42. R.F.A.No.922 of 1990 Bed Ram and another …Appellants Versus State of Haryana ….Respondent 43. R.F.A.No.955 of 1990 Maman (deceased) through LR’s Hukam Singh and others ……..Appellants Versus State of Haryana …..Respondent 44. R.F.A.No.1045 of 1990 Ramesh and another ……Appellants Versus State of Haryana ……Respondent 45. R.F.A.No.1046 of 1990 Man Mohan Singh and another …….Appellants Versus State of Haryana …..Respondent 46. R.F.A.No.1048 of 1990 Jhandu and others …Appellants Versus State of Haryana …Respondent 47. R.F.A.No.1058 of 1990 Tek Chand and others …Appellants Versus State of Haryana ….Resdpondent R.F.A. No. 795 of 1990 [ 9 ] 48. R.F.A.No.1099 of 1990 Dalip and others …..Appellants Versus State of Haryana ….Respondent 49. R.F.A.No.1122 of 1990 Manoj Gupta ….Appellant Versus Land Acquisition Collector and another …..Respondents 50. R.F.A.No.1459 of 1990 Surjan Singh and others …Appellants Versus State of Haryana and another …..Respondents 51. R.F.A.No.1653 of 1990 Attar Singh and others ….Appellants Versus State of Haryana …..Respondent 52. R.F.A.No.1654 of 1990 Mam Kaur and others …Appellants Versus State of Haryana …Respondent 53. R.F.A.No.1655 of 1990 Desh Raj and others ….Appellants Versus State of Haryana …Respondent R.F.A. No. 795 of 1990 [ 10 ] 54. R.F.A.No.1656 of 1990 Bijay Singh and others …..Appellants Versus State of Haryana …Respondent 55. R.F.A.No.1657 of 1990 Vijay Singh and others ….Appellants Versus State of Haryana …..Respondent 56. R.F.A.No.1693 of 1990 Rupwati and others …..Appellants Versus State of Haryana …..Respondent 57. R.F.A.No.1701 of 1990 Meda and others ….Appellants Versus State of Haryana and antoher ….Respondents 58. R.F.A.No.1802 of 1990 Lal Singh …..Appellant Versus State of Haryana ….Respondent 59. R.F.A.No.1807 of 1990 Puran Chand Jain (deceased) through LR's Mohinder Kumar and others . .....Appellants Versus Land Acquisition Collector and another .....Respondents R.F.A. No. 795 of 1990 [ 11 ] 60. R.F.A.No.1813 of 1990 Ved Parkash and others …Appellants Versus State of Haryana …Respondent 61. R.F.A.No.1836 of 1990 Prabha Arora ..Appellant Versus Haryana State and another …Respondent 62. R.F.A.No.1914 of 1990 Nirmal Kanta …..Appellant Versus State of Haryana …Respondent 63. R.F.A.No.1915 of 1990 Attarkali and others ……Appellants Versus State of Haryana ….Respondent 64. R.F.A.No.2072 of 1990 Murthi and others …….Appellants Versus State of Haryana ……..Respondent 65. R.F.A.No.12 of 1991 Jagwanti and others ……Appellants Versus State of Haryana …….Respondent R.F.A. No. 795 of 1990 [ 12 ] 66. R.F.A.No.379 of 1991 Roshan and others …….Appellants Versus State of Haryana …Respondent 67. R.F.A.No.2134 of 1991 Bhim Singh and another …..Appellants Versus State of Haryana …….Respondent 68. R.F.A.No.56 1992 Surjo …….Appellant Versus Land Acquisition and another ……..Respondents 69. R.F.A.No.57 of 1992 Ram Singh ……Appellant Versus Land Acquisition Collector and another …….Respondents 70. R.F.A.No.632 of 1992 Krishan Singh ……Appellant Versus Land Acquisition Collector and another …….Respondents 71. R.F.A.No.633 of 1992 Jai Bhagwan ……Appellant Versus Land Acquisition Collector and another …….Respondents R.F.A. No. 795 of 1990 [ 13 ] 72. R.F.A.No.634 of 1992 Maman Singh …….Appellant Versus Land Acquisition Collector and another …….Respondents 73. R.F.A.No.635 of 1992 Lachhman …….Appellant Versus Land Acquisition Collector and another ……..Respondents 74. R.F.A.No.636 of 1992 Harbinder Singh and others ……Appellants Versus Land Acquisition Collector and another ……Respondents 75. R.F.A.No.637 of 1992 Mansukh ……Appellants Versus Land Acquisition Collector and another …….Respondents 76. R.F.A.No.638 of 1992 Sanjay Kumar minor through his Father Maman Singh ……Appellants Versus Land Acquisition Collector and another ……..Respondents 77. R.F.A.No.639 of 1992 Ranbir Singh ……Appellant Versus Land Acquisition Collector and another ……Respondents R.F.A. No. 795 of 1990 [ 14 ] 78. R.F.A.No.640 of 1992 Jai Narain …..Appellant Versus Land Acquisition Collector and another …..Respondents 79. R.F.A.No.641 of 1992 Joginder Singh …..Appellant Versus Land Acquisition Collector and another …..Respondents 80. R.F.A.No.642 of 1992 Suraj Singh ….Appellant Versus Land Acqusition Collector and another ……Respondents 81. R.F.A.No.643 of 1992 Satish Kumar …….Appellant Versus Land Acquisition Collector and another ……..Respondents 82. R.F.A.No.644 of 1992 Pohap Singh ......Appellant Versus Land Acquisition Collector and another .......Respondents 83. R.F.A.No.646 of 1992 Ram Nath …..Appellant Versus Land Acquisition Collector and another …..Respondent R.F.A. No. 795 of 1990 [ 15 ] 84. R.F.A.No.647 of 1992 Laxmi …….Appellant Versus Land Acquisition Collector and another ……..Respondents 85. R.F.A.No.1486 of 1992 Med Singh and others ……Appellants Versus Haryana State …….Respondent 86. R.F.A.No.2278 of 1992 Chameli Devi and others …..Appellants Versus State of Haryana and another ……Respondents 87. R.F.A.No.3069 of 1992 Gajraj Singh and others ….Appellants Versus State of Haryana ……Respondent 88. R.F.A.No.1263 of 1993 Dharam Wati …….Appellant Versus Haryana State ……..Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sudhir Aggarwal, Mr. R.A.Yadav, Mr. Hemant Bassi and Mr. Parshant Vashishth, Advocates for the appellants. Mr. H.S. Hooda, Advocate General, Haryana with Mr. Rajiv Kawatra, Senior Deputy Advocate General, Haryana for the State of Haryana. .. Rajesh Bindal J. This order will dispose of the above mentioned Regular First Appeals bearing Nos. 297, 1474, 1687 to 1691, 2012, 2327 to 2331, 2349, 2350, R.F.A. No. 795 of 1990 [ 16 ] 2759, 2819, 2889, 2944 of 1989, 411, 438 to 440, 583, 587 to 592, 602, 794 to 799, 873, 896, 900, 901, 922, 955, 1045, 1046, 1048, 1058, 1099, 1122, 1459, 1653 to 1657, 1693, 1701, 1802, 1807, 1813, 1836, 1914, 1915, 2072 of 1990, 12, 379, 2134 of 1991, 56, 57, 632 to 644, 646, 647, 1486, 2278, 3069 of 1992, 1263 of 1993, as the same arise out of a common acquisition. However, the facts have been extracted from R.F.A. No. 795 of 1990. Briefly, the facts are that land in question situated in the revenue estate of Village Kadipur was acquired vide notification dated 14.9.1983 issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for development and utilization as residential area for Sector 10A, Gurgaon. The Land Acquisition Collector (for short, `the Collector') awarded compensation @ Rs. 45,000/- per acre for chahi land; Rs. 35,000/- per acre for magda land; Rs. 20,000/- per acre for banjar land and Rs. 16,000/- per acre for gair mumkin land. Aggrieved against the same, the land owners filed objections which were referred to the learned District Judge, Gurgaon, who keeping in view the material placed on record by the parties, determined the fair value of the land @ Rs. 19.81 per square yard. Learned counsel for the land owners submitted that the value of the land assessed by the learned Court below is not in conformity with the evidence placed on record. There is inherent defect in the calculation of compensation. The land is situated on Pataudi-Rewari road, which had great potential for development and the land in the vicinity had already been acquired by the State for development. It could very well be used for industrial, commercial and residential purposes. Judgment of this Court in R.F.A. No. 59 of 1997 Attar Singh and others v. State of Haryana, decided on 13.5.1999, was relied upon where acquisition was vide notification dated 16.12.1988 for the land pertaining to Villages Jharsa, Kadipur and Naharpur Rupa, where this Court upheld the award of the learned Court below determining the value of the land at Rs. 7,22,500/- per acre ( Rs. 150/- per square yard). Further reliance is on the judgment of this Court in R.F.A. No. 2 of 1991-- Azad Singh v. The State of Haryana, decided on 30.9.1997, where for acquisition of land vide notification dated 17.11.1982 for Village Jharsa, the value was determined at Rs. 68/- per square yard and also the judgment in R.F.A. No. 455 of 1994-- Bhoop Singh v. State of Haryana, decided on 3.5.2006, pertaining to the land of Village Basai acquired vide notification dated 30.7.1988 determining the value of the land at Rs. 130/- per square yard. As far as judgment in Azad Singh's (supra) is concerned, the submission is that the acquisition under consideration in this case was even prior to R.F.A. No. 795 of 1990 [ 17 ] the acquisition in the present case and the land is also situated in close proximity of the land in question and the judgment would be the best judicial precedent for determination of the value of the land in the present case. As far as the judgments in Bhoop Singh's case (supra) is concerned, the submission is that out of the value so determined in those cases, a reasonable cut can be applied keeping in view the time gap between the notification as the notification in the present case was prior in time. As far as calculation made by the learned Court below is concerned, the submission is that in the award of the learned Court below, annexed with R.F.A. No. 795 of 1990, calculation had been made by referring to various sale deeds and other evidence on record for determination of the fair value of the land, which is as under: “Sr. No. No. of exhibit Nature of transaction Area sold Sale price Per sq. yard 1. P.1 Copy of plaint in a suit for 36K13M Rs. 23897.50 Rs. 38.50 specific performance of per kanal agreement of sale dated 5.1.1982 2. P.2 -do- 38K1M -do- -do- 3. P.3 Copy of judgment in L.A. - - Rs. 19.20 Case No. 44 of 88 in respect of the land situate in V. Khandsa acquired vide notification u/s 4 of the Act dated Sep. 83. 4. P.4 Copy of the judgment in L.A. - - Rs. 70/- Case Nos. 34, 35 & 38 to 40 of 89 decided on 16 Nov. 89 situate in Village Gurgaon 5. P.5 Copy of sale deed dated 200 sq. yds. Rs.12000/- Rs. 60/- 7 June, 83 6. P.6 Copy of sale deed dated 150 sq. yds. Rs. 6000/- Rs. 40/- 29 June, 83 7. P.7 Copy of sale deed dated 100 sq. yds Rs. 5500/- Rs. 55/- 8 Aug. 83 8. P.8 Copy of sale deed dated 450 sq. yds Rs.23000/- Rs. 51/- 4 March, 83 9. P.9 -do- 108 sq. yds. Rs. 12500/- Rs. 109/- 10. P.10 -do- -do- -do- -do- 11. P.11 Copy of sale deed dated 246 sq. yds. Rs. 20,000/- Rs. 81/- 30 March, 83 12. P.12 Copy of sale deed dated 237 sq. yds. Rs. 20,000/- Rs. 81/- 16 March, 83 With reference to above referred material considered by the learned Court below, the submission is that for the purpose of taking the average value of various transactions entered into at the relevant time in the vicinity, the Court R.F.A. No. 795 of 1990 [ 18 ] below had gone wrong in relying upon Ex. P.1 and P.2, which were merely copies of the plaints in a suit for specific performance filed by a party to the agreement which as such could not be considered for the purpose of determination of fair value of the land. As far as Ex. P.3 is concerned, the submission is that the same was an award of the learned Court below in other case pertaining to village Khandsa which was also under challenge before this Court. The submission is that if the aforesaid three exhibits are taken out for the purpose of determination of fair value of the land, by taking average thereof and applying a reasonable cut, the value of the land will come out to Rs. 65/- per square yard. On the other hand, learned Advocate General submitted that the fair value of the land has been determined by the learned Court below on the basis of the material on record. Reliance on the judgment in Azad Singh's case (supra) is totally misplaced for the reason that the acquisition of the land in those cases was much after the acquisition in the present case. Further the land in that case pertained to a different village at quite a distance from the land under acquisition. Heard learned counsel for the parties and perused the record. In R.F.A. No. 901 of 1990 – Ram Narain and others v. Land Acquisition Collector and another, an application for leading additional evidence has been filed annexing therewith a site plan, judgments and letters. As far as reference to judgments of this Court is concerned, for that no application for leading additional evidence is required as the same can very well be considered at the time of arguments. As far as reference to the transfer of land to Indian Oil Corporation and Housing Board after the acquisition thereof in 1986 and 1988 respectively is concerned, the same also is not of any relevance as the value of the land under acquisition cannot be considered on the basis of the transactions which were entered into much after the acquisition thereof. As far as site plan placed on record is concerned, the learned Advocate General also did not dispute that the site plan produced by the land owners is correct as per the record and accordingly, whatever was shown therein was taken into consideration for the purpose of determination of fair value of the land in question. As far as reference on the judgment in Attar Singh's case (supra) is concerned, where acquisition was of land pertaining to Village Jharsa, Kadipur and Naharpur Rupa, the acquisition was vide notification dated 16.12.1988, i.e., more than 5 years after the acquisition of the land in question. Further, the land pertaining to these three villages is quite close to National Highway 8, whereas the land in question is at quite a distance from National Highway 8. Similar is the R.F.A. No. 795 of 1990 [ 19 ] of the land pertaining to Village Basai vide notification dated 13.7.1988, i.e., almost five years after the acquisition in the present case. As far as the evidence led by the land owners in the present case is concerned, I find merit in the submissions made by the learned counsel for the appellants to the extent that consideration of the learned Court below on Ex. P.1 to P.4 was totally misplaced as Ex. P.1 and P.2 were merely copies of the plaints filed in a suit for specific performance of agreement to sell dated 5.1.1982 showing the value of the land at Rs. 38.50 per square yard, whereas Ex. P.3 is the copy of award of the learned Court below in the case of other land owners for the same acquisition which also could not be relied upon for the purpose of averaging and thereafter application of cut. As far as Ex. P.4 is concerned, which is copy of the award in the case of land pertaining to village Gurgaon, even that is totally misplaced for the reason that Village Gurgaon is close to the city and far off from the acquisition boundary. As far as judgment in Azad Singh's case (supra) is concerned, there the acquisition carried out vide notification dated 17.11.1982 and the value of the land was assessed at Rs. 68/- per square yard. As is evident from the site plan, the location of Village Jharsa for which the value was assessed at Rs. 68/- per square yard, is quite close to National Highway 8, whereas the acquisition boundary in the present case is quite at a distance. From a perusal of the site plan produced by the land owners with the application for additional evidence, it is clear that as far as Ex. P.6, P.9 and P.10 are concerned, the same are far off from the acquisition boundary and close to main road. As far as Ex. P.11 and P.12 are concerned, the same are close to the acquisition boundary, whereas Ex. P. 5, P.7 and P.8 are part of the acquired land. If the average of the sale deeds Ex. P.5, P.7, P.8, P.11 and P.12 is taken, the same comes to Rs. 66/- per square yard. Keeping in view the fact that the same are for small plots of land, a cut of 50% can reasonably be applied which means that on the basis of sale deeds, the value of the acquired land would come out to Rs. 33/- per square yard. Accordingly, the appeals are allowed. The value of the acquired land is assessed @ Rs. 33/- per square yard. The appellants shall also be entitled to all statutory benefits available under the Act. (Rajesh Bindal) Judge September 22 ,2008 mk