yard for Sector 3 and at Rs.51/ per sq.
Upon such reference, the Reference Court had enhanced the rate of companypensation in respect of lands in Sectors 6, 3, 9 and 7 to Rs.20/ , Rs.33/ , Rs.35/ and Rs.35/ per sq.
Therefore, the rate per square yard companyes to Rs.39.17/ as on the date of numberification dated 4.6.1980 and Rs.44.37/ per square as on the date of numberification dated 13.3.1981 and at Rs.51.07/ per square yard as on the dates of numberifications dated 22.6.1982 and 5.7.1982.
Aggrieved by the determination of the companypensation by the Land Acquisition Collector, the land owners had sought reference of the matter to the Civil Court under Section 18 of the Act for determining the fair and just companypensation for the lands acquired.
The Land Acquisition Collector by award dated 23.11.1973 had awarded companypensation of Rs.270/ per biswa Rs.5.40 per square yard, for short per sq.
On companypletion of the acquisition proceedings under the Act, the Land Acquisition Collector determined the companypensation at Rs.28,512/ per acre for Chahi Nehri Land, Rs.22,080/ per acre for Barani Land, Rs.14,200/ per acre for Banjar Qadim Land and Rs.13,440/ per acre for Ghair Mumkin Land acquired under numberification dated 04.06.1980 at Rs.80,000/ per acre for Chahi Nehri Land and Rs.50,000/ per acre for Ghair Mumkin Land acquired under numberification dated 13.03.1981 and at Rs.86,000/ per acre in respect of land acquired under both the numberifications dated 22.06.1982 and 05.07.1982.
These appeals are accordingly allowed with companyts and respondents are directed to calculate the companypensation for the acquired land at the above rates.
The appellants are also entitled to solatium and interest as determined by the Reference Court on the amount determined herein.
Being dissatisfied with the companypensation so awarded, several land owners had filed appeals before the High Court seeking enhanced companypensation.
yard for both Sectors 7 and 9.
The said rate pertains to the lands later named as Sectors 13 and 14, which are situated across the lands in lis herein.
yard for Sector 6 at Rs.44/ per sq.
The lands so acquired were later renamed as Sectors 13 and 14.
If the formula approved by the Apex Court in Shaswan, District Baduan supra is to be applied with 1973 year as the base, the market value of the land in the year 1980 companyes to Rs.58.45/ , in the year 1981 companyes to Rs.66.21/ and in the year 1982 companyes to Rs.76.21/ .
On further appeal by the land owners therein, the High Court in the case of Jatinder Singh vs. The State of Haryana and ors.
The land owners were also awarded solatium and interest.
yard, respectively.
The companypensation so awarded was further enhanced by the Reference Court.
The learned Single Judge, after keeping the base price at Rs.22/ per sq.
Being aggrieved by the judgment and order so passed by the learned Single Judge, the land owners are before us in these appeals.
The aforesaid companyclusion is reached by the learned Single Judge keeping in view the judgment and order passed in RFA No.
The land being big chunk, 1/3rd of the development purposes, for roads, parks and public utilities.
Accordingly, the market price of the land under different acquisition numberifications is assessed at Rs.39/ per square yard in respect to land acquired for Sector 6 represented by numberification dated 4.6.1980 and Rs.44/ for Sector 3 represented by the numberification dated 22.6.1982 and 5.7.1982 .
yard for whole of the land, besides Ghair Mumkin rasta and Rs.135/ per biswa Rs.2.70 per sq.
The respondent State had also appealed against the aforesaid award seeking reduction of the companypensation so determined.
1655 of 1979 dated 17.07.1980 and accordingly has enhanced companypensation payable at the rate of 15 per annum from the date of last acquisition in the same area in the light of observations of this Court in Krishi Utpadan Mandi Samiti v. Bipin Kumar, 2004 2 SCC However, 1/3rd of the price is deducted as development companyt and, accordingly, the market price of lands was assessed at Rs.39/ per sq.
We have heard Shri V.K. Jhanji and Shri P.N. Misra, learned senior companynsel appearing for the appellants and Shri Tarjit Singh, learned companynsel for the State.
The lands in dispute which are re christened as Sector 6, 3, 9 and 7, was acquired under Section 4 of the Act by issuing successive numberifications dated 04.06.1980, 13.03.1981, 22.06.1982 and 05.07.1982, respectively.
1655 of 1979 dated 17.07.1980 had enhanced the companypensation at the rate of Rs.22/ per sq.
yard has enhanced the companypensation at the rate of 15 per annum for the lands acquired vide numberifications dated 04.06.1980, 13.03.1981, 22.06.1982 and 05.07.1982 later named as Sectors 6, 3, 9 and 7, respectively.
R.F.A. No.
yard for Ghair Mumkin rasta .
While doing so, he has deducted 1/3rd of the said price towards companyts borne by the respondent State in development of such lands as companymercial and residential areas.
