R.F.A. No. 2504 of 1994 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: November 5,2008 (1) R.F.A. No.2504 of 1994 Ram Gopal (deceased) through LRs and others .. Appellants Versus State of Haryana and another .. Respondents (2) RFA No.2443 of 1994 Raghbir Singh and others ....Appellants Versus State of Haryana and another ....Respondents (3) RFA No.2444 of 1994 Ram Dia and others ....Appellants Versus State of Haryana and another ....Respondents (4) RFA No.2670 of 1994 Des Raj ...Appellant. Versus State of Haryana and another ...Respondents (5) RFA No.2740 of 1994 Swaran Kumar and others ....Appellants Versus Haryana State and another ....Respondents R.F.A. No. 2504 of 1994 [2] (6) RFA No.2741 of 1994 Gurcharan Singh ....Appellant Versus State of Haryana and another ....Respondents (7) RFA No.2744 of 1994 Gajinder Singh and others ....Appellants Versus Haryana State and another ....Respondents (8) RFA No.2773 of 1994 Chaman Lal and another ....Appellants Versus State of Haryana and another ....Respondents (9) RFA No.2774 of 1994 Indraj Singh and others ....Appellants Versus State of Haryana and another ....Respondents (10) RFA No.2786 of 1994 Gurcharan Singh ...Appellant Versus State of Haryana and another ...Respondents R.F.A. No. 2504 of 1994 [3] (11) RFA No.2787 of 1994 Smt.Hardevi ...Appellant versus Haryana State and another ...Respondents (12) RFA No.2789 of 1994 Ishwar Singh and others ...Appellants Versus State of Haryana ...Respondent (13) RFA No.2813 of 1994 Raj Kumar ...Appellant Versus The State of Haryana and another ...Respondents (14) RFA No.2814 of 1994 Hem Raj Sahni ...Appellant Versus Haryana State and another ...Respondents (15) RFA No.2820 of 1994 Haryana State and others ....Appellants Versus Jaswant Singh and another ....Respondents R.F.A. No. 2504 of 1994 [4] (16) RFA No.2838 of 1994 Harjit Singh ...Appellant Versus State of Haryana and another ...Respondents (17) RFA No.2839 of 1994 Gurcharan Singh ...Appellant Versus State of Haryana and another ....Respondents (18) RFA No.2874 of 1994 Smt.Taro Devi and others ....Appellants Versus State of Haryana and another ....Respondents (19) RFA No.2912 of 1994 Dina Nath and another ...Appellants Versus Haryana State and another ...Respondents (20) RFA No.10 of 1995 Usha Devi ...Appellants Versus Haryana State and another ...Respondents R.F.A. No. 2504 of 1994 [5] (21) RFA No.103 of 1995 Pirthi Singh ...Appellant Versus Haryana State and another ...Respondents (22) RFA No.104 of 1995 Karam Singh ...Appellant Versus Haryana State and another ...Respondents (23) RFA No.105 of 1995 Ramesh Kumar ...Appellant Versus Haryana State and another ...Respondents (24) RFA No.106 of 1995 Shamsher Singh ....Appellant Versus Haryana State and another ...Respondents (25) RFA No.112 of 1995 Amar Singh (deceased) through LRs and others .....Appellants Versus State of Haryana and others ....Respondents R.F.A. No. 2504 of 1994 [6] (26) RFA No.120 of 1995 Hirda Ram (deceased) through LRs ...Appellants Versus Haryana State and another ...Respondents (27) RFA No.121 of 1995 Ashok Kapoor ...Appellant Versus Haryana State and another ...Respondents (28) RFA No.122 of 1995 Vinod Kapoor ....Appellant Versus Haryana State and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: S/Shri Ram Chander, B.S. Bedi, Vinod S. Bhardwaj, Sanjiv Gupta, Raj Mohan Singh, Ranjit Saini, Advocates for the land owners. Mr. Lokesh Sinhal, Additional Advocate General, Haryana for the State. Mr. K.S.Malik, Advocate for HUDA in R.F.A. Nos. 121 and 122 of 1995. R.F.A. No. 2504 of 1994 [7] Rajesh Bindal J. This order will dispose of a bunch of above mentioned 28 appeals, as the same arise out of a common acquisition. The land owners are in appeal against the award of the learned court below seeking enhancement of the compensation for the acquired land. Briefly, the facts are that land measuring 61.04 acres situated in Karnal was acquired vide notification dated 8.2.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act') for residential and commercial area in Sector 12, Part-II, Karnal. The Land Acquisition Collector (for short, `the Collector') determined the market value of the plain area @ Rs. 2,75,000/- per acre and Rs. 1,87,968/- for the land under Mugal Canal. The learned Additional District Judge, on reference under Section 18 of the Act, awarded compensation @ Rs. 76/- per square yard. Learned counsel for the appellants submitted that on the date when the land in question was acquired, another chunk of land was acquired where Sectors 4 and 5 were developed, whereas on the land in question, Sector 12, Part II was developed. The location of the present land in question is more strategic, as compared to the land where Sectors 4 and 5 were developed, as it was close to the already urbanised area near the city where Sector 12, Part I had already been developed besides other colonies and other establishments. Reliance has been placed upon a judgment of this Court in L.P.A. No. 704 of 1999—Brij Mohan and another v. The State of Haryana, decided on 17.12.2004, where value of the land which was acquired vide notification dated 8.2.1989 for development of Sectors 4 and 5 at Karnal was assessed at Rs. 147.68 per square yard. In fact, it was a small chunk of land lying vacant in between which was acquired later on. Sector 12, Part I, where commercial area was developed, was acquired way back on 10.2.1983. In fact, no transaction of sale or purchase in the area could take place as the land in question remained under acquisition vide various notifications in series, the first being dated 2.5.1973, the second being dated 27.4.1978 and third being dated 31.1.1986. All the three notifications issued under Section 4 of the Act lapsed and it was finally on 8.2.1989 that the land in question was acquired. However, another fact which required notice is that in 1978, the land in question was notified as controlled area. Reference has also been made to Ex. P7 dated 6.6.1992, whereby R.F.A. No. 2504 of 1994 [8] the land has been transferred to Indian Oil Corporation @ Rs. 936/- per square yard. In addition to this, details of rates at which the plots were sold in developed Housing Board Colony or the commercial plots in Sector 13 by way of auction have also been furnished and relying thereupon, the claim is for compensation @ Rs. 2336.98 per square yard. On the other hand, learned counsel for the State submitted that the learned Court below had fairly relied upon the award for the acquisition of land for Sector 12, Part-I. The acquisition therefor was about six years prior in time and granting increase thereon @ 12% per annum, the value of the acquired land in question was determined. He further submitted that the learned Court below, while determining the value of the acquired land for Sector 12, Part-I, relied upon the award for Sectors 7 and 9 and on the basis thereof, had determined the value at Rs. 41/- per square yard, for which increase @ 72% for the time gap in the notifications was granted determining the value thereof at Rs. 76/- per square yard. As the value of the land for Sectors 7 and 9 has been further enhanced by this court to Rs. 51/- per square yard vide judgment dated 5.10.2007 in R.F.A. No. 882 of 1983-- Dr. Rajwant Singh v. State of Haryana. The appellants' claim for revision of rates for the acquisition of land to that extent can be accepted but not beyond that as the basis on which the value of the land was determined by the learned court below remains the same against which the State was not aggrieved of as no appeal was filed. As far as reliance on the judgment of this Court in Brij Mohan's case (supra) is concerned, the submission is that the same cannot be made basis for determination of value of the acquired land for the reason that the land forming part thereof is situated at a different place, as compared to the land forming part of Sectors 7 and 9, which is situated quite close to the acquired land and the learned court below had rightly placed reliance on the earlier award pertaining to the acquisition of the land therefor. He further submitted that another chunk of land in the vicinity is pertaining to Sector 12, Part I and also Sectors 8 and 9, located near Old Mugal Canal. The award pertaining to these lands would also be quite appropriate as both these chunks of land are in close vicinity to the acquired land. Heard learned counsel for the parties and with their assistance perused the relevant referred record. A perusal of the site plan (Ex. P6) on record shows the location of various sectors at Karnal for which the land was acquired at different points of time. The land in question which was acquired for development of Sector 12, Part- II, is situated on G.T. Road leading from Ambala to Delhi on one side thereof. On R.F.A. No. 2504 of 1994 [9] the other side thereof, Sectors 8 and 9 which were already developed, were situated and in between thereof, a piece of land measuring 39.29 acres and 52.56 acres was left out which was acquired vide two notifications dated 12.4.1990 for development of Sector 9 and Sector 8 respectively. The issue regarding determination of fair value of the land pertaining to the aforesaid acquisition was subject matter of R.F.A. No. 882 of 1999-Neelam Bala and others v. The State of Haryana and another, decided on 3.2.2000, where this court assessed the value thereof at Rs. 89/- per square yard. Sector 4 Part-II and Sector 5, the award of which is sought to be relied upon, is situated at a far off place from the acquired land, though learned counsel for the land owners argued that the land in question being more close to the city should be assessed at more value as compared to the value assessed of the land pertaining to Sectors 4 and 5. However, in my opinion, when a judicial precedent in the form of judgment of Neelam Bala's case (supra) is available which pertained to the land which is situated on other side of G.T. Road opposite the landin question, it would be inappropriate to refer to and rely upon the judgment pertaining to the acquisition of land of Sector 4 Part II and Sector 5, as the value for the land acquired vide notifications dated 12.4.1990 was assessed @ Rs. 89/- per square yard and the land in the present case was also sandwiched between the already developed area on the other side of the road. In my opinion, the same can be relied upon to determine fair value of the acquired land in the present case. Even if the principle adopted by the learned court below is considered, still the value of the acquired land will come near that as the award of Rs. 41/- per square yard, pertaining to Sectors 7 and 9, which was relied upon by the court below was further enhanced by this court to Rs. 51/- per square yard. If 72% increase is granted on that, the value comes to Rs. 87/- per square yard. However, following the judgment of this Court in Neelam Bala's case (supra), the value of acquired land is determined at Rs. 89/- per square yard. The appellants shall also be entitled to statutory benefits available under the Act. Accordingly, the appeals are allowed with costs in the above terms. (Rajesh Bindal) Judge November 5,2008 mk