Rajesh Bindal, J.
1. This order will dispose of a bunch of 33 appeals, as the same arise out of a common acquisition.
2. R.F.A. Nos. 957, 1069, 1148, 1239, 1375 to 1380 and 1416 of 1997 have been filed by the land owners seeking further enhancement of compensation for the acquired land,
3. R.F.A. Nos. 1094 to 1103, 1156,1400 to 1410 have been filed by Kurukshetra Development Board and State of Haryana seeking reduction of compensation awarded to the land owners.
4. The facts have been noticed from R.F.A. No. 957 of 1997.
5. Briefly, the facts are that vide notification dated 8.1.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana acquired land measuring 24 acres and 3 marlas situated in the revenue estate of Village Darra Kalan, Thanesar for landscaping, roads, footpaths and various other development activities of Kurukshetra Development Board. The same was followed by notification dated 16.1.1992 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide his award dated 31.12.1993 determined the market value at Rs. 2,24,900/- per acre for chahi/nehri land and Rs. 56,225/- per acre for gair mumkin kind of land. However, Additional District Judge, Kurukshetra, on reference under Section 18 of the Act, accepted the claim of the appellants and determin-d the market value @ Rs. 4,00,000/- per acre.
6. Learned Counsel for the land owners submitted that the land in question is situated within the municipal limits at a strategic place where famous Braham Sarovar Dham is situated at Kurukshetra. The land had great potential for being used for commercial purposes being situated close to Braham Sarovar Dam, where the land is in high demand because there various religious functions take place. Even otherwise, Kurukshetra is a historical place on the world tourism map. Further reliance was placed upon a judgment of this Court in R.F.A. No. 151 of 1992 - Sucha Singh v. The State of Haryana and Ors. decided on 24.7.2008, whereby the adjoining land acquired vide notifications dated 29.10.1986, 13.9.1987 and 15.9.1987, this Court assessed the value @ Rs. 100/- per acquire yard. The prayer is for grant of increase for the intervening period of in the two acquisitions which is about 4 years. It was submitted that the land in the vicinity had already been developed for the purpose of beautification of the area close to Braham Sarover Dham. On the other side of the acquired land was grain market and other thickly populated urbanized area. The land in question was highly potential for being developed as commercial area being close to Braham Sarover.
7. Learned Counsel for Kurukshetra Development Board submitted that reliance of the learned court below on its earlier award pertaining to acquisition of land for Sector 11, HUDA, is totally misplaced as on a perusal of the site plan, on record, it is clearly established that it is situated at a far off place from the land in question. However, he did not dispute the fact that for the acquisition of land of Village Dara Kalan, carried out vide notifications dated 29.10.1986, 13.9.1987 and 15.9.1987, this Court assessed the value of the acquired land at Rs. 100/- per square yard in Sucha Singh's case (supra).
8. Heard learned Counsel for the parties and with their assistance perused the relevant referred record.
9. A perusal of site plan (Ex.PVV4/A) on record shows the location of the acquired land, which is located just close to Braham Sarover, Grain Market, Engineering College and is within the municipal limits. The area around it is already developed and it was a pocket of land which was lying vacant. This Court in Sucha Singh's case (supra) has already considered the issue regarding determination of fair value of land of village Darra Kalan, acquired vide notifications dated 29.10.1986, 13.9.1987 and 15.9.1987. The acquisition in the present case is vide notification dated 8.1.1991. Keeping in view the time gap in die two acquisitions and the value of the acquired land having been considered in Sucha Singh's case (supra) for the acquisitions of land vide notifications dated 29.10.1986, 13.9.1987 and 15.9.1987 and the potential of the land keeping in view its strategic location, in my considered opinion, an increase of 40% over and above the value granted by this Court in Sucha Singh's case (supra) would be appropriate. Therefore, the value of the acquired land in the present case is determined at Rs. 140/- per square yard. The land owners shall also be entitled to all statutory benefits as are available under the Act.
10. Accordingly, the appeals are disposed of in the above terms.