State Of Haryana vs Gurbax Singh(Dead) By Lrs. & Anr. Etc

2. The subject matter in all the appeals is common, i.e., quantum of compensation payable for the lands acquired from Villages Ratgal, Sunderpur and Palwal. The total land which was acquired was 185 Kanals 13 Marlas. The appellants in Civil Appeal Nos.2466 to 2470 of 2000 are the land owners. The land was acquired for the public purpose of establishing Government Ayurvedic College and Pharmacy at Kurukshetra. Section 4 Notification under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 8th February, 1983 while notification under Section 6 was published on 11th May, 1983. The Award was announced by the Collector on 30th March, 1984 who assessed the compensation at the rate of Rs.40,000/- per acre in respect of "Chahi" land and Rs.25,000/- per acre with regard to "Ghair Mumkin" land. The land owners applied for a Reference under Section 18 of the Act. The Reference was accordingly placed before the Additional District Judge who passed his Award on 27th February, 1985 and held that the market value 4 should have been at the rate of Rs.15 per square yard. Thus the compensation at the rate of Rs.72,600/- per acre was awarded by the Additional District Judge besides the statutory benefits. Some of the land owners were given additional compensation at the rate of 25% in respect of their unacquired land on account of severance caused by acquisition. Not satisfied with the Award, the land owners filed appeals before the High Court of Punjab and Haryana at Chandigarh.

3. The learned Single Judge vide his judgment dated 26th May, 1988 found that the value of the land was Rs.20.59 per square yard and accordingly fixed the market value at Rs.99,668/- per acre. Further appeals were filed before the Division Bench by the land owners.

4. In all five Letter Patent Appeals came to be filed before the Division Bench. Three land owners preferred applications (in the Judgment in RFA No.7 of 1982) for permission to enhance the claim as also to produce additional evidence and the Award given by the District Judge in Land Acquisition Case No.22/4 of 1990. These documents were produced along with applications as Annexures A-1 and A-2. The Division Bench considered both the documents, however, it did not find any justification for the claim made on behalf of the land owners. It, however, considered the two Sale deeds executed in January and March, 1981, which were on record. It was noted that there was no evidence to suggest that the market value of the land was less than the one evidenced in the two sale deeds. 5 Therefore, the Division Bench ordered an increase of 12% per annum for a period of two years and rounded off the market value of the land at Rs.1,25,000/- per acre. The other benefits granted by the learned Single Judge were also maintained.

14. In the above backdrop we allow Civil Appeal Nos.2466, 2467, 2468, 2469 and 2470 of 2000 filed by the private appellants and direct remand of the matters to the Division Bench to reconsider the matter in the light of the observations made above. Needless to mention that since we have accepted the first part of the judgment of the Division Bench marginally enhancing the market price to Rs.1,25,000/- per acre, that portion will remain untouched in the sense that if so considered appropriate in law, there may be only upward revision in the market price. We accordingly set aside the judgment to the extent that we have indicated above and remand the matter for fresh consideration to the Division Bench. Since the matter 12 has become very old, it would be desirable if the matter is decided as early as possible, preferably within nine months from the date the petitions are presented before the Division Bench.

15. In the result Civil Appeal Nos.2461-2465 of 2000 filed by the State of Haryana are dismissed and Civil Appeal Nos.2466, 2467, 2468, 2469 and 2470 of 2000 are allowed and remanded back to the Division Bench of the Punjab and Haryana High Court for fresh consideration. Under the circumstances we desist from ordering any costs.

Judgment delivered by : Hon'ble Mr. Justice V.S. Sirpurkar Nature of Judgment : Reportable