This order shall dispose of a batch of *08 number of appeals (detail whereof is on the foot of the judgment), filed under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the 2013 Act"), as the same arise out of common acquisition / award dated 22.04.2022 passed by learned Additional District Judge, Charkhi Dadri (hereinafter to be referred as "Reference Court"), whereby the market value of acquired land in question has been assessed at the rate of ` 24,25,000/- per acre. [2] All the appeals have been instituted by the appellants- landowners for modification of the award dated 22.04.2022 passed by 1 of 16 ::: Downloaded on - 01-12-2023 02:56:45 ::: Neutral Citation No:=2023:PHHC:151501 [2] RFA No. 1336 of 2022 (O&M) Neutral Citation No. 2023:PHHC:151501 alongwith "07" connected cases the Reference Court and seeking further enhancement of compensation for the acquired land. For the sake of convenience, facts are being culled out from RFA No. 1336 of 2022. FACTS [3] Briefly, the facts are that in pursuance of Haryana Govt. Notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') issued on 01.10.2013, followed by Notification dated 01.08.2014 under Section 6 thereof, land measuring 30.68 acres, including the land of appellants, situated in the revenue estate of Village Charkhi, Hadbast No. 143, Tehsil Dadri, District Bhiwani (now Charkhi-Dadri), was acquired. The public purpose for acquisition of land was stated to be for construction of Water Works, Charkhi-Dadri in Village Charkhi, Tehsil Dadri, District Bhiwani. The Land Acquisition Collector, Hisar (hereinafter to be referred as "the Collector"), vide Award No. 2, dated 29.07.2016, assessed the market value of acquired land @ ` 24,00,000/- per acre for all kinds of land.

[4] Dissatisfied with the aforesaid Award, landowners / interested persons, including the appellants, filed references under Section 64 of the 2013 Act, which were decided vide award dated 22.04.2022 by the Reference Court and while applying the multiplier factor of one (01), the market value of acquired land was assessed @ ` 24.25 lacs per acre. Apart from that, the appellants-landowners were held entitled to an amount of ` 4,00,000/- per acre for the acquired land to the depth of two acres on National Highway; `2,50,000/- upto the similar depth on State Highway and ` 1,50,000/-

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CONTENTIONS:

3. PW-11/C 2600 / 500 sq. Charkhi 10,00,000/- 2000/- 96,80,000.00 17.08.2012 yds.

4. PW-11/D 2558 / 270 sq. Charkhi 5,40,000/- 2000/- 96,80,000.00 16.08.2012 yds.

5. PW-11/E 1892 / 385 sq. Charkhi 8,55,000/- 2221/- 1,07,49,640.00 11.07.2012 yds.

6. PW-11/F 3651 / 245 sq. Charkhi 4,90,000/- 2000/- 96,80,000.00 05.10.2012 yds.

7. PW-11/G 2387 / 300 sq. Charkhi 6,00,000/- 2000/- 96,80,000.00 08.08.2012 yds.

8. PW-11/H 6465 / 636 sq. Charkhi 9,54,000/- 1500/- 72,60,000.00 12.10.2011 yds.

9. PW-11/I 1218 / 500 sq. Charkhi 10,00,000/- 2000/- 96,80,000.00 08.06.2012 yds.

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10. PW-11/J 4927 / 830 sq. Charkhi 16,60,000/- 2000/- 96,80,000.00 14.12.2012 yds.

11. PW-11/K 4234 / 300 sq. Charkhi 6,00,000/- 2000/- 96,80,000.00 05.11.2012 yds.

12. PW-11/L 3971 / 145 sq. Charkhi 2,90,000/- 2000/- 96,80,000.00 19.10.2012 yds.

13. PW-11/M 2820 / 200 sq. Charkhi 4,40,000/- 2200/- 1,06,48,000.00 17.09.2013 yds.

14. PW-11/N 1542 / 1 Acre, Charkhi 45,00,000/- 617/- 29,86,280.00 28.06.2013 4K-1M (7290.2 5 sq. yds.)

15. PW-11/O 3100 / 272 sq. Charkhi 5,98,500/- 2200/- 1,06,48,000.00 03.10.2013 yds.

16. PW-11/P 3101 / 500 sq. Charkhi 11,00,000/- 2200/- 1,06,48,000.00 03.10.2013 yds.

17. PW-11/Q 5695 / 400 sq. Charkhi 8,00,000/- 2000/- 96,80,000.00 21.01.2013 yds.

18. PW-11/R 5717 / 500 sq. Charkhi 10,00,000/- 2000/- 96,80,000.00 22.01.2013 yds.

19. PW-11/S 935 / 500 sq. Charkhi 10,00,000/- 2000/- 96,80,000.00 25.05.2012 yds.

20. PW-11/T 894 / 4K- Charkhi 14,37,500/- 570/- 27,58,800.00 23.05.2012 3.3M (2520 sq. yds.)

21. PW-11/U 994 / 150 sq. Charkhi 3,00,000/- 2000/- 96,80,000.00 29.05.2012 yds.

22. PW-11/V 1941 / 4K-7M Charkhi 11,42,000/- 434/- 21,00,560.00 13.07.2012 (2631.7 5 sq. yds.)

23. PW-11/W 8843 / 500 sq. Dadri 11,00,000/- 2200/- 1,06,48,000.00 17.02.2012 yds.

24. PW-11/X 778 / 154 sq. Charkhi 3,08,000/- 2000/- 96,80,000.00 18.05.2012 yds.

25. PW-11/Y 1512 / 150 sq. Charkhi 3,00,000/- 2000/- 96,80,000.00 21.06.2012 yds.

26. PW-11/Z 1266 / 212 sq. Charkhi 4,24,000/- 2000/- 96,80,000.00 11.06.2012 yds.

[5.1] Learned counsel further submits that since the revenue estate of Village Charkhi and the Dadri Town are abutting each other, compensation should have been assessed by taking into consideration the Collector's rate pertaining to Dadri. [5.2] Lastly, it is submitted that in terms of Notification dated 23.01.2018 issued by the State of Haryana in exercise of powers conferred under Column-3 of Serial Number 2 of the First Schedule 4 of 16 ::: Downloaded on - 01-12-2023 02:56:46 ::: Neutral Citation No:=2023:PHHC:151501 [5] RFA No. 1336 of 2022 (O&M) Neutral Citation No. 2023:PHHC:151501 alongwith "07" connected cases read with sub-Section (2) of Section 30 of the 2013 Act, the multiplier factor should have been taken as 1.25, inasmuch as the acquired land being situated in the revenue estate of Charkhi, was abutting Dadri and the distance was less than 10 kms.

six (06) sale deeds have been produced in the evidence from the side of respondents, as per which, the market value of the land falls between ` 20-23 lacs per acre; however, the appellants-landowners have already been awarded a sum of ` 24.25 lacs per acre; thus, award passed by the Reference Court warrants no interference. [7.1] Learned State Counsel further submits that the multiplication factor of one (01) has rightly been applied by the Reference Court, as at the time of passing the award by the Collector on 29.07.2016, the earlier notification issued by the Revenue and Disaster Management Department, Haryana, published on 04.12.2014 under the 2013 Act, was applicable; whereas the notification issued under First Schedule on 23.01.2018 by the aforesaid Department, relied upon by learned counsel for the appellants-landowners, came into existence much after the passing of the said award and thus, the same could not be made applicable in the present case(s).

DISCUSSION & REASONING [8] I have heard learned counsel for the parties and gone through the paper-book as well as records of the case. I find 5 of 16 ::: Downloaded on - 01-12-2023 02:56:46 ::: Neutral Citation No:=2023:PHHC:151501 [6] RFA No. 1336 of 2022 (O&M) Neutral Citation No. 2023:PHHC:151501 alongwith "07" connected cases substance in the submissions made on behalf of learned counsel for the appellants-landowners.

LOCATIONAL & POTENTIAL VALUE [9] From the oral as well as documentary evidence available on record, It has been sufficiently established that the acquired land situated within the revenue estate of Village Charkhi was having locational advantage and also great potential value being situated on the main Bhiwani - Narnaul State Highway, and the revenue estate of Village Charkhi abutting Municipal limits of Dadri Town. Further, the existence of various commercial buildings, including Power House, schools, hotels and shops, situated within the close vicinity of acquired land, was admitted by the own witness of respondent being RW1-Ajay Pal, Patwari, from the Office of Land Acquisition Collector, Urban Estate Department, Hisar, Haryana. Relevant portion from the cross-examination of RW1, in this regard is reproduced hereunder:-

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DETERMINATION OF MARKET VALUE [10] Before delving upon the issue of determination of market value, it may be relevant to consider and appreciate certain provisions from the 2013 Act, which govern the proceedings in the present case as award was passed by the Collector on 29.07.2016, i.e post coming into being of the 2013 Act. As such, Sections 24 , 26 & 69 thereof are reproduced hereunder:-

Explanation - For the purpose of this sub-section, a land acquisition proceeding shall be deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894) where notification under section 4 of the said Act has been published in any form under sub-section (1) of the said section.

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(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:--

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(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section (1) for similar land are not available for the immediately preceding three years; or

(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by the appropriate authority, the State Government concerned shall specify the floor price or minimum price per unit area of the said land based on the price calculated in the manner specified in sub-section (1) in respect of similar types of land situated in the immediate adjoining areas:

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69. Determination of award by authority.-

(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act.

(2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.

Explanation.--In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.

(3) In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent over the total compensation amount. "

[13] On the other hand, in terms of Section 26 of the 2013 Act, sale deeds produced at the instance of State are required to be discarded being of lesser value as compared to the consideration involved in the sale deeds produced by the landowners. [14] At the cost of repetition, it may be pointed out that large number of sale deeds relating to small pieces of land, itself suggests, rather, establish the commercial potential of the land under acquisition. Although, nowhere suggested under the provisions of the 2013 Act, yet in order to draw an appropriate market value of the sufficiently large chunk of undeveloped agricultural land under acquisition, while relying upon the above determined average sale price, an appropriate cut @ 50 per cent needs to be applied towards development cost, considering the small extent of land involved in 14 of 16 ::: Downloaded on - 01-12-2023 02:56:46 ::: Neutral Citation No:=2023:PHHC:151501 [15] RFA No. 1336 of 2022 (O&M) Neutral Citation No. 2023:PHHC:151501 alongwith "07" connected cases these sale deeds. Accordingly, the market value of the acquired land comes to ` 49,34,752.50 per acre (` 98,69,505/- minus 50%). It is made clear that since the determination has been made while relying upon the average of the sale price involving sale deeds pertaining to the highest sale consideration by applying the provisions of Sections 26 & 69 of the 2013 Act, the appellants-landowners shall not be entitled to any additional amount, as ordered by the Reference Court- cum-Authority, co-relating the depth of their land with the National Highway, the State Highway or the link road, except for the sum of ` 50,000/- per acre in case their land has been bifurcated. [15] In the present case, the Authority-cum-Reference Court went wrong while applying the multiplication of factor one (01) having relied upon the Notification dated 04.12.2014 issued in this regard by the State of Haryana. Once, the determination of compensation was pending consideration before the Authority-cum-Reference Court and in the meanwhile, Notification dated 23.01.2018 came to be issued by the Revenue and Disaster Management Department, Haryana, taking the multiplication factor to 1.25 for the land upto 10 kms. from the outer boundary of any of the urban area in the State to any part of the particular Killa or part thereof, as the case may be, of the land to be acquired, the same should have been made applicable considering the facts that the acquired land in the present case undisputedly abuts the limits of Municipal Committee of Dadri Town. RELIEF [16] In view of the discussion made hereinabove, all the appeals filed on behalf of the appellants-landowners are allowed.

15 of 16 ::: Downloaded on - 01-12-2023 02:56:46 ::: Neutral Citation No:=2023:PHHC:151501 [16] RFA No. 1336 of 2022 (O&M) Neutral Citation No. 2023:PHHC:151501 alongwith "07" connected cases Resultantly, the award dated 22.04.2022 passed by the Reference Court is modified and the market value for the acquired land with regard to Village Charkhi is enhanced to ` 49,34,752.50 per acre, besides grant of all other statutory benefits as well as interest payable under the 2013 Act including hundred per cent (100%) solatium etc. The appellants-landowners shall also be entitled for amount of ` 50,000/- per acre, if their land has been bifurcated. [17] Pending application(s), if any, shall also stand(s) disposed off.

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