Wazir vs The State Of Haryana

i) re: Phase II About 177 Acres 5 Kanal 19 Marla situated in the Revenue Estate of Villages Kasan, Bas Kusla, Naharpur Kasan and Manesar, Tehsil and District Gurgaon was notified on 06.03.2002.

(iii) re: Phase IV About 657 Acres 4 Kanal 3 Marla situated in the Revenue Estate of villages Bas Kusla, Bas Haria, Dhana and Kasan, Tehsil and District Gurgaon was notified on 26.02.2002.

4. Appropriate declarations under Section 6 of the Act were issued by the State Government in respect of said lands under Phases II, III and IV on 15.11.2002, 25.11.2001 and 18.11.2002 respectively. Thereafter:

per acre with solatium and interest on the compensation at applicable rates. Reliance was placed on the earlier decision dated 16.12.2009 of the Reference Court. The Compensation was awarded at the same rate for all kinds of lands.

7. The reference applications in respect of Phase IV were thereafter taken up for consideration. Relying upon the decision of this court in Pran Sukh3 the Reference Court in its order dated 30.11.2010 in LAC Case No.263 of 2008 and other connected matters enhanced the compensation to Rs.37,40,230/- per acre. While so awarding, the Reference Court granted enhancement at the rate of Rs.12% per annum taking the base rate to be Rs.20 lakhs per acre as on 15.11.1994 in terms of the decision of this Court in Pran Sukh3. The Reference Court also awarded solatium and interest on the compensation amount at applicable rates. It awarded compensation at the same rate for all kinds of lands.

and, accordingly, after rounding it off, this Court is of the opinion that Rs.41.40 lakhs would be the appropriate market value for the land in question.”

24. We now consider the matter from a different perspective and take the rate awarded in Pran Sukh3 as the basis and then try to arrive at the appropriate value for the present acquisition. For this purpose, we may have Civil Appeal Nos.264-270 of 2019 etc. Wazir & anr. V. State of Haryana 34 to determine the rate of increase as shown by the sale deeds on record. The acquisition in Pran Sukh3 was of the year 1994 and the award of rate therein corresponds with the rate available on record through Exh.P6. We have two instances of Exh.P8 and P4, which may indicate the rise in values. However in both instances, the lands were very small plots i.e. of an extent of less than half an acre. If the prices are to be compared in real terms, the values representing in two sale deeds Exh.P4 and P8 must be re-worked after effecting appropriate deduction. Normally the deductions can range from 20% upwards. We may however take the lowest of the quotient namely 20%. On that basis, over a period of two years i.e. between Pran Sukh3 and Exh.P8 there would be no difference at all and the values would show the same rate. If the rate available from Exh.P4 is subjected to deduction of 20%, the corresponding value for a larger extent of land would be Rs.38.93 lakhs per acre. The difference between this value and the base value awarded in Pran Sukh3 (supra) would then show the rise over a period of 7 years. In other words, the price of Rs.20.00 lakhs rose by Rs.18.93 lakhs in seven years that is to say it rose by 94.65% giving us an annual average of 13.52%. This rate represents pure increase on non-cumulative basis. If we Civil Appeal Nos.264-270 of 2019 etc. Wazir & anr. V. State of Haryana 35 adopt the rate, the base price as awarded in Pran Sukh3 would have risen to the level of Rs.36.22 lakhs per acre. We may call this Method no.2.

26. If the figures arrived at through these three methods are compared, the values of Rs.37.54 lakhs per acre under Method no.1, Rs.36.22 lakhs under Method no.2 and Rs.37.01 lakhs under Method no.3 are quite comparable. If the highest of these three figures is taken, the appropriate value for the lands in Naharpur Kasan and Kasan would be Rs.37.54 lakhs per acre in the year 2002.

27. The values in other three villages namely Bas Kusla, Bas Haria and Dhana have not shown any such increase. Apart from Exh.P1, P2 and P3, nothing has been placed on record, insofar as said villages are concerned. As stated herein above, even for these villages we may adopt the base rate of Rs.20.00 lakhs for the year 1994 and then consider the appropriate increase. As the sale deeds dated Exh. P1, P2 and P3 in respect of lands coming from these villages have not shown any increase at all, by way of rough and ready method we may adopt half the rise as shown in the lands coming from villages Naharpur Kasan and Kasan. Half the difference between Rs.20.00 lakhs as the base rate and Rs.37.54 lakhs adopted for the villages of Naharpur Kasan, Kasan and Manewsar would mean difference of Rs.8.77 lakhs over the base figure of Rs.20.00 lakhs as awarded in Pran Sukh3. Civil Appeal Nos.264-270 of 2019 etc. Wazir & anr. V. State of Haryana 37 Thus, in our considered view, the market value of lands from villages Bas Kusla, Bas Haria and Dhana in 2002 must be at Rs.28.77 lakhs per acre.

28. In respect of lands coming from village Manesar, the High Court had granted 50% rise over and above the market value in respect of villages Naharpur Kasan and Kasan. The increase to that extent was well justified as the lands in village Manesar are abutting National Highway No.8 with excellent commercial potential. The grant of 50% rise is not seriously objected by the State and as such we confirm the same. Thus 50% rise over the figures as applicable to villages Naharpur Kasan and Kasan would lead us to the market value in respect of village Manesar which would be Rs.56.31 lakhs per acre.

29. We, however, find it difficult to accept grant of further 30% as severance charges to M/s. Kohli Holdings Private Limited. Normally the additional component of compensation in terms of Section 23(1)(thirdly) of the Act is granted when, a landholder suffers damage as a result of acquisition to the extent that the holding that he is left with stands comparatively diminished in terms of quality and value. For instance, if a railway track is to be built through an agricultural land held by a person, Civil Appeal Nos.264-270 of 2019 etc. Wazir & anr. V. State of Haryana 38 leaving two different halves with him, it would be impossible for him to carry on agricultural operations at an optimum level. This would lead to reduction in the value of the halves that he is left with. On the other hand, in a case where part of the holding is acquired for which appropriate commercial value is awarded, the rest of the value of the land will not stand diminished in terms of commercial potential. On the other hand, the potential of the remainder of the land would also increase drastically as the development would be right in the neighbourhood, thus giving substantial benefit to the landholder. In our view, the High Court was not justified in granting further compensation of 30% to M/s. Kohli Holdings Private Limited on account of severance charges. We, therefore, set aside that part and hold that no severance charges need be awarded to M/s. Kohli Holdings Private Limited.

30. In the circumstances, we direct:

Additionally, all statutory benefits would be payable. Civil Appeal Nos.264-270 of 2019 etc. Wazir & anr. V. State of Haryana 39

b) In respect of lands under acquisition from villages Bas Kusla, Bas Haria and Dhana the market value shall be Rs.28.77 lakhs per acre. Additionally, all statutory benefits would be payable.

c) In respect of lands from village Manesar the market value shall be Rs.56.31 lakhs per acre. Additionally, all statutory benefits would be payable.

d) M/s. Kohli Holdings Private Limited shall not be entitled to any severance charges.

31. The appeals preferred by HSIIDC and the State of Haryana stand allowed to the aforesaid extent. The appeals preferred by all the landholders including M/s. Kohli Holdings Private Limited stand dismissed. No costs.