Regular First Appeal No. 3493 of 2009 (Oandm) Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136534
CourtPunjab and Haryana High Court
Decided OnMar-27-2014
AppellantRegular First Appeal No. 3493 of 2009 (Oandm)
RespondentState of Haryana and Others
Excerpt:
rfa no.3493 of 2009 (o&m) and other connected cases -1- in the high court of punjab and haryana at chandigarh regular firs.appeal no.3493 of 2009 (o&m) date of decision: 27.3.2014. jagmal singh and another .......appellants versus state of haryana and others .......respondents coram: hon'ble mrs.justice sabina present: mr.g.s.sandhu, advocate, mr.pankaj bali, advocate mr.parveen sharma, advocate for mr.arvind singh, advocate mr.ashok kumar khubbar, advocate mr.ips mangat, advocate for mr.parminder singh, advocate mr.diwan s. adlakha, advocate mr.s.k.singla, advocate, mr.vikram singh, advocate, mr.virender pratap singh, advocate, mr.sanjiv gupta, advocate, mr.naveen chopra, advocate, mr.shokeen singh verma, advocate for mr.raj mohan singh, advocate mr.d.s.bali, senior advocate with mr.yadvender singh, advocate mr.ravi gakhar, advocate for mr.jagdish manchanda, advocate, mr.gaurav rana, advocate for mr.p.s.rana, advocate, mr.kuldeep sheoran, advocate, singh gurpreet 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -2- mr.bhim singh, advocate for mr.nonish kumar, advocate, mr.madan pal, advocate for the land owners-claimants. mr.h.s.hooda, advocate general, haryana with mr.d.d.gupta, addl. a.g., haryana. mr.arun walia, advocate for huda. **** sabina, j. vide this judgment, following rfas would be disposed of as they have arisen out of the same acquisition. 1. rfa no.3493 of 2009 2. rfa no.3971 of 2009 3. rfa no.3972 of 2009 4. rfa no.3973 of 2009 5. rfa no.3974 of 2009 6. rfa no.3975 of 2009 7. rfa no.3976 of 2009 8. rfa no.3977 of 2009 9. rfa no.3978 of 2009 10. rfa no.3979 of 2009 11. rfa no.3980 of 2009 12. rfa no.3981 of 2009 13. rfa no.4133 of 2009 14. rfa no.4523 of 2009 15. rfa no.4561 of 2009 16. rfa no.4591 of 2009 17. rfa no.4592 of 2009 18. rfa no.4830 of 2009 singh gurpreet 19. rfa no.4831 of 2009 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -3- 20. rfa no.5033 of 2009 21. rfa no.5034 of 2009 22. rfa no.5042 of 2009 23. rfa no.5054 of 2009 24. rfa no.5055 of 2009 25. rfa no.5056 of 2009 26. rfa no.5057 of 2009 27. rfa no.5058 of 2009 28. rfa no.5059 of 2009 29. rfa no.5060 of 2009 30. rfa no.5091 of 2009 31. rfa no.5092 of 2009 32. rfa no.5941 of 2009 33. rfa no.294 of 2010 34. rfa no.362 of 2010 35. rfa no.363 of 2010 36. rfa no.364 of 2010 37. rfa no.365 of 2010 38. rfa no.490 of 2010 39. rfa no.491 of 2010 40. rfa no.492 of 2010 41. rfa no.514 of 2010 42. rfa no.3318 of 2010 43. rfa no.4110 of 2010 44. rfa no.4493 of 2011 45. rfa no.5440 of 2011 46. rfa no.3400 of 2011 47. rfa no.5231 of 2009 singh gurpreet 48. rfa no.5910 of 2009 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -4- 49. rfa no.5911 of 2009 50. rfa no.255 of 2010 51. rfa no.449 of 2010 52. rfa no.509 of 2010 53. rfa no.805 of 2010 54. rfa no.806 of 2010 55. rfa no.1744 of 2010 56. rfa no.1816 of 2010 57. rfa no.1986 of 2010 58. rfa no.1987 of 2010 59. rfa no.1988 of 2010 60. rfa no.1989 of 2010 61. rfa no.1990 of 2010 62. rfa no.1991 of 2010 63. rfa no.1992 of 2010 64. rfa no.1993 of 2010 65. rfa no.1994 of 2010 66. rfa no.1995 of 2010 67. rfa no.1996 of 2010 68. rfa no.2182 of 2010 69. rfa no.2277 of 2010 70. rfa no.2278 of 2010 71. rfa no.2507 of 2010 72. rfa no.2991 of 2010 73. rfa no.4032 of 2010 74. rfa no.4033 of 2010 75. rfa no.4034 of 2010 76. rfa no.4295 of 2010 singh gurpreet 77. rfa no.4567 of 2010 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -5- 78. rfa no.4952 of 2010 79. rfa no.4953 of 2010 80. rfa no.5110 of 2010 81. rfa no.5320 of 2010 82. rfa no.585 of 2011 83. rfa no.586 of 2011 84. rfa no.1081 of 2011 85. rfa no.5397 of 2010 86. rfa no.5398 of 2010 87. rfa no.2267 of 2011 88. rfa no.4498 of 2011 89. rfa no.5436 of 2011 90. rfa no.4470 of 2011 91. rfa no.2004 of 2010 92. rfa no.3486 of 2011 93. rfa no.5223 of 2010 94. rfa no.267 of 2010 95. rfa no.268 of 2010 96. rfa no.1034 of 2010 97. rfa no.2268 of 2010 98. rfa no.2438 of 2010 99. rfa no.2439 of 2010 100. rfa no.2747 of 2010 101. rfa no.2760 of 2010 102. rfa no.2761 of 2010 103. rfa no.3269 of 2010 104. rfa no.3270 of 2010 105. rfa no.3271 of 2010 singh gurpreet 106. rfa no.3272 of 2010 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -6- 107. rfa no.3273 of 2010 108. rfa no.3274 of 2010 109. rfa no.3300 of 2010 110. rfa no.3301 of 2010 111. rfa no.3302 of 2010 112. rfa no.3303 of 2010 113. rfa no.3304 of 2010 114. rfa no.4222 of 2010 115. rfa no.4582 of 2010 116. rfa no.4678 of 2010 117. rfa no.4679 of 2010 118. rfa no.4886 of 2010 119. rfa no.4927 of 2010 120. rfa no.587 of 2011 121. rfa no.2269 of 2011 122. rfa no.3371 of 2011 123. rfa no.3706 of 2011 vide notification dated 2.1.2002 under section 4 of the land acquisition act, 1894 ('act' for short).land was sought to be acquired in village phoosgargh, karnal hadbast no.1 and budha khera for development and utilization of residential and commercial area for sector 9 part 32 and 33 in urban estate, karnal. so far as village phoosgarh is concerned, 302.37 acres of land was sought to be acquired whereas so far as village karnal is concerned, 155.17 acres land was sought to be acquired and so far as village budha khera is concerned, land measuring 344.31 acres was sought to be acquired. land acquisition collector vide its award awarded compensation at the rate of ` 4,00,000/- per acre for plain area, singh gurpreet 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -7- ` 3,00,000/- per acre for land having depression upto 2½ feet and ` 2,50,000/- per acre for the land having depression upto 5 feet. so far as villages phoosgarh and budha khera are concerned, the land acquisition collector vide its award dated 21.12.2004 assessed the compensation at the rate of ` 4,00,000/- per acre for all kinds of land. aggrieved against the said award, the land owners sought references under section 18 of the act. the reference courts vide separate awards (under challenge) have awarded compensation at the rate of ` 439/- per square yard. for disposal of these appeals, evidence is being discussed from rfa no.3493 of 2009. learned senior counsel for the land owners/claimants has submitted that the present case was covered by the decision of the apex court in civil appeal no.2187 of 2013 decided on 19.2.2013. learned senior counsel has further submitted that the reference courts had assessed the market value of the land in question at the rate of ` 51/- per square yard while basing reliance on decision of this court in rfa no.882 of 1983 decided on 5.10.2007. the apex court while deciding the civil appeal no.2187 of 2013 had enhanced the amount of compensation to ` 76.21 paisa per square yard. hence, the claimants were entitled to enhancement of compensation. learned advocate general for the state, on the other hand, has opposed the appeals and has submitted that the reference courts have already granted compensation at a much higher rate. in the present case, the reference courts had based reliance on decision of this court in rfa no.882 of 1983 decided singh gurpreet 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh rfa no.3493 of 2009 (o&m) and other connected cases -8- on 5.10.2007 while assessing the market value of the land. this court while deciding the said rfa along with other connected matters.had assessed the market value of the land at ` 51/- per square yard. the reference courts had calculated the compensation by granting cumulative rate of increase at the rate of 12% per year with effect from the year 1983 onwards. in fact, the reference courts should have granted increase at the rate of 12% per annum without cumulative effect as the escalation from the year 1983 to the year 2002 could not be said to be at such a high rate. in these circumstances, the judgment of the apex court relied upon by the learned counsel for the claimants fails to advance their case because in case the compensation is calculated by keeping in view the decision of the apex court in civil appeal no.2187 of 2013 decided on 19.2.2013 by giving 12% increase without cumulative effect, the compensation would work out much less than the compensation granted by the reference courts. in these circumstances, it is evident that the claimants are not entitled to any enhancement of compensation amount. accordingly, all the appeals are dismissed. (sabina) judge march 27, 2014 gurpreet singh gurpreet 2014.04.03 10:25 i attest to the accuracy and integrity of this document chandigarh
Judgment:

RFA No.3493 of 2009 (O&M) and other connected cases -1- In the High Court of Punjab and Haryana at Chandigarh Regular FiRs.Appeal No.3493 of 2009 (O&M) Date of Decision: 27.3.2014.

Jagmal Singh and another .......Appellants Versus State of Haryana and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.G.S.Sandhu, Advocate, Mr.Pankaj Bali, Advocate Mr.Parveen Sharma, Advocate for Mr.Arvind Singh, Advocate Mr.Ashok Kumar Khubbar, Advocate Mr.IPS Mangat, Advocate for Mr.Parminder Singh, Advocate Mr.Diwan S.

Adlakha, Advocate Mr.S.K.Singla, Advocate, Mr.Vikram Singh, Advocate, Mr.Virender Pratap Singh, Advocate, Mr.Sanjiv Gupta, Advocate, Mr.Naveen Chopra, Advocate, Mr.Shokeen Singh Verma, Advocate for Mr.Raj Mohan Singh, Advocate Mr.D.S.Bali, Senior Advocate with Mr.Yadvender Singh, Advocate Mr.Ravi Gakhar, Advocate for Mr.Jagdish Manchanda, Advocate, Mr.Gaurav Rana, Advocate for Mr.P.S.Rana, Advocate, Mr.Kuldeep Sheoran, Advocate, Singh Gurpreet 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -2- Mr.Bhim Singh, Advocate for Mr.Nonish Kumar, Advocate, Mr.Madan Pal, Advocate for the land owners-claimants.

Mr.H.S.Hooda, Advocate General, Haryana with Mr.D.D.Gupta, Addl.

A.G., Haryana.

Mr.Arun Walia, Advocate for HUDA.

**** SABINA, J.

Vide this judgment, following RFAs would be disposed of as they have arisen out of the same acquisition.

1.

RFA No.3493 of 2009 2.

RFA No.3971 of 2009 3.

RFA No.3972 of 2009 4.

RFA No.3973 of 2009 5.

RFA No.3974 of 2009 6.

RFA No.3975 of 2009 7.

RFA No.3976 of 2009 8.

RFA No.3977 of 2009 9.

RFA No.3978 of 2009 10.

RFA No.3979 of 2009 11.

RFA No.3980 of 2009 12.

RFA No.3981 of 2009 13.

RFA No.4133 of 2009 14.

RFA No.4523 of 2009 15.

RFA No.4561 of 2009 16.

RFA No.4591 of 2009 17.

RFA No.4592 of 2009 18.

RFA No.4830 of 2009 Singh Gurpreet 19.

RFA No.4831 of 2009 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -3- 20.

RFA No.5033 of 2009 21.

RFA No.5034 of 2009 22.

RFA No.5042 of 2009 23.

RFA No.5054 of 2009 24.

RFA No.5055 of 2009 25.

RFA No.5056 of 2009 26.

RFA No.5057 of 2009 27.

RFA No.5058 of 2009 28.

RFA No.5059 of 2009 29.

RFA No.5060 of 2009 30.

RFA No.5091 of 2009 31.

RFA No.5092 of 2009 32.

RFA No.5941 of 2009 33.

RFA No.294 of 2010 34.

RFA No.362 of 2010 35.

RFA No.363 of 2010 36.

RFA No.364 of 2010 37.

RFA No.365 of 2010 38.

RFA No.490 of 2010 39.

RFA No.491 of 2010 40.

RFA No.492 of 2010 41.

RFA No.514 of 2010 42.

RFA No.3318 of 2010 43.

RFA No.4110 of 2010 44.

RFA No.4493 of 2011 45.

RFA No.5440 of 2011 46.

RFA No.3400 of 2011 47.

RFA No.5231 of 2009 Singh Gurpreet 48.

RFA No.5910 of 2009 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -4- 49.

RFA No.5911 of 2009 50.

RFA No.255 of 2010 51.

RFA No.449 of 2010 52.

RFA No.509 of 2010 53.

RFA No.805 of 2010 54.

RFA No.806 of 2010 55.

RFA No.1744 of 2010 56.

RFA No.1816 of 2010 57.

RFA No.1986 of 2010 58.

RFA No.1987 of 2010 59.

RFA No.1988 of 2010 60.

RFA No.1989 of 2010 61.

RFA No.1990 of 2010 62.

RFA No.1991 of 2010 63.

RFA No.1992 of 2010 64.

RFA No.1993 of 2010 65.

RFA No.1994 of 2010 66.

RFA No.1995 of 2010 67.

RFA No.1996 of 2010 68.

RFA No.2182 of 2010 69.

RFA No.2277 of 2010 70.

RFA No.2278 of 2010 71.

RFA No.2507 of 2010 72.

RFA No.2991 of 2010 73.

RFA No.4032 of 2010 74.

RFA No.4033 of 2010 75.

RFA No.4034 of 2010 76.

RFA No.4295 of 2010 Singh Gurpreet 77.

RFA No.4567 of 2010 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -5- 78.

RFA No.4952 of 2010 79.

RFA No.4953 of 2010 80.

RFA No.5110 of 2010 81.

RFA No.5320 of 2010 82.

RFA No.585 of 2011 83.

RFA No.586 of 2011 84.

RFA No.1081 of 2011 85.

RFA No.5397 of 2010 86.

RFA No.5398 of 2010 87.

RFA No.2267 of 2011 88.

RFA No.4498 of 2011 89.

RFA No.5436 of 2011 90.

RFA No.4470 of 2011 91.

RFA No.2004 of 2010 92.

RFA No.3486 of 2011 93.

RFA No.5223 of 2010 94.

RFA No.267 of 2010 95.

RFA No.268 of 2010 96.

RFA No.1034 of 2010 97.

RFA No.2268 of 2010 98.

RFA No.2438 of 2010 99.

RFA No.2439 of 2010 100.

RFA No.2747 of 2010 101.

RFA No.2760 of 2010 102.

RFA No.2761 of 2010 103.

RFA No.3269 of 2010 104.

RFA No.3270 of 2010 105.

RFA No.3271 of 2010 Singh Gurpreet 106.

RFA No.3272 of 2010 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -6- 107.

RFA No.3273 of 2010 108.

RFA No.3274 of 2010 109.

RFA No.3300 of 2010 110.

RFA No.3301 of 2010 111.

RFA No.3302 of 2010 112.

RFA No.3303 of 2010 113.

RFA No.3304 of 2010 114.

RFA No.4222 of 2010 115.

RFA No.4582 of 2010 116.

RFA No.4678 of 2010 117.

RFA No.4679 of 2010 118.

RFA No.4886 of 2010 119.

RFA No.4927 of 2010 120.

RFA No.587 of 2011 121.

RFA No.2269 of 2011 122.

RFA No.3371 of 2011 123.

RFA No.3706 of 2011 Vide notification dated 2.1.2002 under Section 4 of the Land Acquisition Act, 1894 ('Act' for short).land was sought to be acquired in village Phoosgargh, Karnal Hadbast No.1 and Budha Khera for development and utilization of residential and commercial area for Sector 9 Part 32 and 33 in Urban Estate, Karnal.

So far as village Phoosgarh is concerned, 302.37 acres of land was sought to be acquired whereas so far as village Karnal is concerned, 155.17 acres land was sought to be acquired and so far as village Budha Khera is concerned, land measuring 344.31 acres was sought to be acquired.

Land Acquisition Collector vide its award awarded compensation at the rate of ` 4,00,000/- per acre for plain area, Singh Gurpreet 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -7- ` 3,00,000/- per acre for land having depression upto 2½ feet and ` 2,50,000/- per acre for the land having depression upto 5 feet.

So far as villages Phoosgarh and Budha Khera are concerned, the Land Acquisition Collector vide its award dated 21.12.2004 assessed the compensation at the rate of ` 4,00,000/- per acre for all kinds of land.

Aggrieved against the said award, the land owners sought references under Section 18 of the Act.

The Reference Courts vide separate awards (under challenge) have awarded compensation at the rate of ` 439/- per square yard.

For disposal of these appeals, evidence is being discussed from RFA No.3493 of 2009.

Learned senior counsel for the land owners/claimants has submitted that the present case was covered by the decision of the Apex Court in Civil Appeal No.2187 of 2013 decided on 19.2.2013.

Learned senior counsel has further submitted that the Reference Courts had assessed the market value of the land in question at the rate of ` 51/- per square yard while basing reliance on decision of this Court in RFA No.882 of 1983 decided on 5.10.2007.

The Apex Court while deciding the Civil Appeal No.2187 of 2013 had enhanced the amount of compensation to ` 76.21 paisa per square yard.

Hence, the claimants were entitled to enhancement of compensation.

Learned Advocate General for the State, on the other hand, has opposed the appeals and has submitted that the Reference Courts have already granted compensation at a much higher rate.

In the present case, the Reference Courts had based reliance on decision of this Court in RFA No.882 of 1983 decided Singh Gurpreet 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh RFA No.3493 of 2009 (O&M) and other connected cases -8- on 5.10.2007 while assessing the market value of the land.

This Court while deciding the said RFA along with other connected matteRs.had assessed the market value of the land at ` 51/- per square yard.

The Reference Courts had calculated the compensation by granting cumulative rate of increase at the rate of 12% per year with effect from the year 1983 onwards.

In fact, the Reference Courts should have granted increase at the rate of 12% per annum without cumulative effect as the escalation from the year 1983 to the year 2002 could not be said to be at such a high rate.

In these circumstances, the judgment of the Apex Court relied upon by the learned counsel for the claimants fails to advance their case because in case the compensation is calculated by keeping in view the decision of the Apex Court in Civil Appeal No.2187 of 2013 decided on 19.2.2013 by giving 12% increase without cumulative effect, the compensation would work out much less than the compensation granted by the Reference Courts.

In these circumstances, it is evident that the claimants are not entitled to any enhancement of compensation amount.

Accordingly, all the appeals are dismissed.

(SABINA) JUDGE March 27, 2014 Gurpreet Singh Gurpreet 2014.04.03 10:25 I attest to the accuracy and integrity of this document chandigarh