The State of Haryana and Others Vs. V. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1062947
CourtPunjab and Haryana High Court
Decided OnJul-11-2013
AppellantThe State of Haryana and Others
RespondentV.
Excerpt:
rfa no.1369 of 2011 [1].in the high court of punjab and haryana at chandigarh r.f.a.no.1369 of 2011 (o&m) date of decision:11. 7.2013 the state of haryana and others .appellants v. jai parkash and others .respondents coram: hon'ble mr.justice rajesh bindal present: mr.roopak bansal, addl. advocate general, haryana. mr.bhag singh and mr.vijay singh kajla, advocates for the landowners..rajesh bindal j. this order will dispose of rfa nos.1369 to 1385, 1477 to 1488, 1802 to 1807, 2101 to 2104, 2347, 2348, 2660, 2661, 3495 to 3498 and 5495 of 2011 and cross objections no.35-ci, 38-ci to 40-ci, 72-ci, 81-ci and 93-ci of 2011, as the same arise out of one acquisition. in the appeals and cross-objections filed by the landowners.they are seeking further enhancement of compensation for the acquired land, whereas in the appeals filed by the state, the prayer is for reduction thereof. briefly, the facts of the case are that vide notification dated 24.4.2006, issued under section 4 of the land acquisition act, 1894 (for short, 'the act').the state of haryana, acquired the land, situated in the revenue estate of villages singhwa khass, puthi, madanheri and bass akbarpur, tehsil hansi, district hisar for construction of puthi-mundhal link drain. the same was followed by notification dated 26.7.2006, issued kumar mano.2013.07.23 11:47 i attest to the accuracy and integrity of this document rfa no.1369 of 2011 [2].under section 6 of the act. the land acquisition collector (for short, 'the collector') vide different awards determined the market value of the acquired land as under: village date of award value of the land in ` singhwa khass 17.1.2007 5,00,000/- per acre puthi 30.1.2007 5,00,000/- per acre madanheri 7.2.2007 5,00,000/- per acre bass akbarpur 31.1.2007 5,00,000/- per acre dissatisfied with the award of the collector, the landowners filed objections, which were referred to the learned court. the learned reference court determined the market value of the acquired land @ ` 6,00,000/- per acre. it is this award which is impugned by both the parties before this court. learned counsel for the landowners submitted that the land in question had a prime location. it was abutting the link road to mundhal. sugar mill, meham was at a short distance. village abadi with civil amenities were close by. it had great future potential. he further submitted that the awards in the present were announced by the collector in january and february, 2007. in terms of the policy circulated by the state on 6.4.2007, in all cases of land acquisition where the award was passed after 22.3.2007, a minimum sum of ` 8,00,000/- per acre is to be awarded as compensation. in the present case, the aforesaid policy has been totally ignored. the awards in the present case were passed merely two months prior thereto. the earlier policy, which was circulated on 28.4.2005 provided that for all the awards announced on or after 5.3.2005, minimum compensation for the acquired land was to be ` 5,00,000/- per acre. it was revised to ` 8,00,000/- per acre in all the cases where the awards were announced after 22.3.2007. he further submitted that with the construction of puthi-mundhal link drain, the land of the landowners has been divided into two parts. as a consequence thereof, damages on account of severance also deserves to be granted. kumar mano.2013.07.23 11:47 i attest to the accuracy and integrity of this document rfa no.1369 of 2011 [3].on the other hand, learned counsel for the state submitted that the awards had been announced by the collector strictly in terms of the policy issued by the government, otherwise the value of the land in the area was not that much. the policy circulated on 6.4.2007 was effective from 22.3.2007. the same does not have retrospective effect. the awards in the present case were announced on 17.1.2007, 30.1.2007, 31.1.2007 and 7.2.2007, hence, the same cannot be relied upon. there is no other evidence led by the landowners on record to show that value of the land, as awarded by the court below, deserves to be enhanced. heard learned counsel for the parties and perused the paper book. the land in question was acquired for the purpose of construction of puthi-mundhal link drain. the awards were announced by the collector on 17.1.2007, 30.1.2007, 31.1.2007 and 7.2.2007. in terms of the policy issued by the state of haryana on 28.4.2005, for all the awards announced on or after 5.3.2005, a minimum sum of ` 5,00,000/- was to be awarded as compensation. the aforesaid policy was revised on 6.4.2007, wherein it was provided that for all the awards announced on or after 22.3.2007, a minimum sum of ` 8,00,000/- per acre is to be awarded as compensation. as the awards in the present case were announced merely two months prior thereto and the fact remains that land of some of the landowners was also divided into two parts, in my opinion, the landowners in the present set of appeals deserve to be granted compensation @ ` 8,00,000/- per acre. ordered accordingly. they shall also be entitled to all statutory benefits available under the act. the awards of the court below are modified to that extent. for the reasons mentioned above, the appeals and cross objections filed by the landowners are accepted, whereas the appeals filed by the state are dismissed. (rajesh bindal) judge 11.7.2013 mk kumar mano.2013.07.23 11:47 i attest to the accuracy and integrity of this document
Judgment:

RFA No.1369 of 2011 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.F.A.No.1369 of 2011 (O&M) Date of decision:

11. 7.2013 The State of Haryana and others .Appellants v.

Jai Parkash and others .Respondents CORAM: HON'BLE Mr.JUSTICE RAJESH BINDAL Present: Mr.Roopak Bansal, Addl.

Advocate General, Haryana.

Mr.Bhag Singh and Mr.Vijay Singh Kajla, Advocates for the landowners..Rajesh Bindal J.

This order will dispose of RFA Nos.1369 to 1385, 1477 to 1488, 1802 to 1807, 2101 to 2104, 2347, 2348, 2660, 2661, 3495 to 3498 and 5495 of 2011 and cross objections No.35-CI, 38-CI to 40-CI, 72-CI, 81-CI and 93-CI of 2011, as the same arise out of one acquisition.

In the appeals and cross-objections filed by the landowneRs.they are seeking further enhancement of compensation for the acquired land, whereas in the appeals filed by the State, the prayer is for reduction thereof.

Briefly, the facts of the case are that vide notification dated 24.4.2006, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act').the State of Haryana, acquired the land, situated in the revenue estate of villages Singhwa Khass, Puthi, Madanheri and Bass Akbarpur, Tehsil Hansi, District Hisar for construction of Puthi-Mundhal Link Drain.

The same was followed by notification dated 26.7.2006, issued Kumar MaNo.2013.07.23 11:47 I attest to the accuracy and integrity of this document RFA No.1369 of 2011 [2].under Section 6 of the Act.

The Land Acquisition Collector (for short, 'the Collector') vide different awards determined the market value of the acquired land as under: Village Date of award Value of the land in ` Singhwa Khass 17.1.2007 5,00,000/- per acre Puthi 30.1.2007 5,00,000/- per acre Madanheri 7.2.2007 5,00,000/- per acre Bass Akbarpur 31.1.2007 5,00,000/- per acre Dissatisfied with the award of the Collector, the landowners filed objections, which were referred to the learned court.

The learned reference court determined the market value of the acquired land @ ` 6,00,000/- per acre.

It is this award which is impugned by both the parties before this court.

Learned counsel for the landowners submitted that the land in question had a prime location.

It was abutting the link road to Mundhal.

Sugar Mill, Meham was at a short distance.

Village abadi with civil amenities were close by.

It had great future potential.

He further submitted that the awards in the present were announced by the Collector in January and February, 2007.

In terms of the policy circulated by the State on 6.4.2007, in all cases of land acquisition where the award was passed after 22.3.2007, a minimum sum of ` 8,00,000/- per acre is to be awarded as compensation.

In the present case, the aforesaid policy has been totally ignored.

The awards in the present case were passed merely two months prior thereto.

The earlier policy, which was circulated on 28.4.2005 provided that for all the awards announced on or after 5.3.2005, minimum compensation for the acquired land was to be ` 5,00,000/- per acre.

It was revised to ` 8,00,000/- per acre in all the cases where the awards were announced after 22.3.2007.

He further submitted that with the construction of Puthi-Mundhal link drain, the land of the landowners has been divided into two parts.

As a consequence thereof, damages on account of severance also deserves to be granted.

Kumar MaNo.2013.07.23 11:47 I attest to the accuracy and integrity of this document RFA No.1369 of 2011 [3].On the other hand, learned counsel for the State submitted that the awards had been announced by the Collector strictly in terms of the policy issued by the government, otherwise the value of the land in the area was not that much.

The policy circulated on 6.4.2007 was effective from 22.3.2007.

The same does not have retrospective effect.

The awards in the present case were announced on 17.1.2007, 30.1.2007, 31.1.2007 and 7.2.2007, hence, the same cannot be relied upon.

There is no other evidence led by the landowners on record to show that value of the land, as awarded by the court below, deserves to be enhanced.

Heard learned counsel for the parties and perused the paper book.

The land in question was acquired for the purpose of construction of Puthi-Mundhal link drain.

The awards were announced by the Collector on 17.1.2007, 30.1.2007, 31.1.2007 and 7.2.2007.

In terms of the policy issued by the State of Haryana on 28.4.2005, for all the awards announced on or after 5.3.2005, a minimum sum of ` 5,00,000/- was to be awarded as compensation.

The aforesaid policy was revised on 6.4.2007, wherein it was provided that for all the awards announced on or after 22.3.2007, a minimum sum of ` 8,00,000/- per acre is to be awarded as compensation.

As the awards in the present case were announced merely two months prior thereto and the fact remains that land of some of the landowners was also divided into two parts, in my opinion, the landowners in the present set of appeals deserve to be granted compensation @ ` 8,00,000/- per acre.

Ordered accordingly.

They shall also be entitled to all statutory benefits available under the Act.

The awards of the court below are modified to that extent.

For the reasons mentioned above, the appeals and cross objections filed by the landowners are accepted, whereas the appeals filed by the State are dismissed.

(Rajesh Bindal) Judge 11.7.2013 mk Kumar MaNo.2013.07.23 11:47 I attest to the accuracy and integrity of this document