Kashmir Singh vs State Of Haryana & Ors

2. In all these appeals, challenge is laid to the judgment of the High Court pronounced on 20th September 2010, whereby number of appeals filed for enhancement of compensation under the Land Acquisition Act, 1894 (hereinafter referred to as the ‘LA Act’) were dismissed by the High Court. The land of the appellants was acquired by the Government of Haryana, which falls in the Revenue Estate of Tohana, Tehsil Tohana, District Fatehabad, Haryana. The Land Acquisition Collector (LAC) had assessed the market value of the acquired land @ Rs.2,75,000/- per acre for chahi, Rs.1,75,000/- per acre for Tibba/Tall and Rs.3,25,000/- per acre for gair mumkin land. The appellants had filed objections to the said determination of compensation by the LAC and the matter was referred to the learned Additional District Judge, Fatehabad under Section 18 of the LA Act. The learned ADJ passed the award dated 21.2.2006. Vide this award, he categorized the land into two categories, namely category-A and category-B and fixed the compensation of Rs.8,00,000/- per acre for category-A and Rs.6,50,000/- per acre for category-B. Still dissatisfied and aspiring for further enhancement of the compensation, the appellants filed Regular First appeal from the aforesaid orders of the learned ADJ. However, these appeals have been dismissed holding that the compensation as fixed by the learned ADJ is appropriate and does not call for any further enhancement. Feeling aggrieved, present appeals have been filed. Since the land of all the appellants is situate in Revenue Estate of Tohana, District Fatehabad, Haryana and is acquired by the same Notification, facts pertaining to the said Notification apply to all these appellants. The only difference is in the quantum of land which was owned by these appellants and has been taken away by the State in acquisition. Therefore, taking general note of the particulars of acquisition and the nature of land, would serve the purpose.

3. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 11.1.2001. This was published in official gazette on 08.01.2002. The land is situate in revenue estate of Tohana, District Fatehabad, Haryana. The public purpose mentioned was the construction of godowns and rice mills at Tohana, for HAFED (Haryana State Co- operative Supply and Market Federation Ltd.). In pursuance to the Land Acquisition Collector’s Award dated 19.9.2003, the acquired lands were taken possession on 17.12.2003. The Reference Court under Section 18 of the Act vide its award dated 21.2.2006 assessed the compensation @ Rs.8/- Lac per acre and Rs.6.50 Lac per acre by categorizing the acquired land in two categories, viz. Category-A and Category-B. Under Section 23 (1-A) of the Act, the escalation was fixed at 12% per annum on the assessed compensation. The other statutory benefits were also allowed thereby. The appeals filed by land owners before the High Court, seeking enhancement of compensation and the appeal filed by HAFED seeking reduction of compensation are decided by the High Court of Punjab and Haryana vide a common judgment dated 20.9.2010. Appeals of both the parties have been dismissed as noted above.

12. The appeals are allowed to the aforesaid extent.