The Land Acquisition Collector passed award dated 28.3.1997 and fixed market value of the acquired land at the rate of Rs.3,67,400/ per acre.
Ltd. The land owners also produced companyy of Massavi Chakbandi of Village Khoh Exhibit P14 and Aks shajras of the four villages Exhibits P15 to P18 .
The Reference Court divided the land into two Blocks.
P3 is also dated June 24, 1994 pertaining to sale of 10 kanals 10 marlas of land reflecting average sale price of Rs,7,00,000/ Ex.
6.7.1992 are companylectively Annexure R 1 hereto.
8799 20.9.1996 1K 9M 3,75,000/ 6.
D. Rastogi s o Sh.
It is also recited in the sale deed that the entire sale companysideration was paid by the purchaser companypany to the seller companypany by bank drafts.
I further state that sale deed dt.
The recitals in the sale deed reflect that there was a prior agreement between the two companypanies on May 31, 1994 with regard to the sale of the land.
9,15,470/ reflecting an average price of Rs,7,75,000/ per acre.
The declaration issued under Section 6 1 was published on 10.11.1995.
The remaining land was included in Block B and the amount of companypensation was fixed at Rs.3,91,196.97 per acre.
It is the petitioners case that exorbitant price is shown to have been paid by the vendee to the vendor because its Indian promoters were to be benefited by the proposed joint venture between the Indian companypany and M s. Duracell Inc. USA.
The factum of the payment having been made through bank drafts is also reflected in the sale deed Ex.
R15 but they have rightly been rejected by the reference companyrt itself on the ground that the said sale instance reflected an average price which is even less than the one assessed by the Collector and, as such, in view of the provisions of section 25 of the Act, the same were number relevant and worth companysideration.
By another Notification dated 15.11.1994 issued under Section 4 1 , the State Government proposed the acquisition of 1490 acres 3 kanals and 17 marlas land situated in villages Manesar, Naharpur Kasan, Khoh and Kasan.
Ltd. on or before 31.5.1994 on which date the agreement to sell of the land in question was executed and the sale price was fixed.
16.9.1994 Ex.
Details of the same are as follows Sr.
Another ground taken by the petitioner is that sale deeds Exhibits P 2, P 3, P 4, P 7 and P 8, three of which were executed in June, 1994 and one in October, 1991 at an average price of Rs.7 lakhs per acre reflected true market value of the acquired land and in the absence of any companyent evidence, the High Court and this Court companyld number have discarded the same by assuming that the same were undervalued.
20.1.2011 and 21.2.2011 ii Certificate of Incorporation of Heritage iii MoA and AoA of Heritage iv Mutations showing the purchase of land by Heritage under sale deeds dt.
Thus all the three alleged companymon Directors of the vendor and vendee companypanies were number on the Board of Directors of M s Duracell India Pvt.
With a view to avoid repetition, we may numberice the averments companytained in paragraphs 4 to 9 of the reply affidavit filed in Review Petition No.239/2011 and paragraph 5 of the reply affidavit filed on behalf of the landowners who were respondents in Civil Appeal No.6561/2009.
The appeals filed by the landowners affected by the first acquisition were disposed of by the learned Single Judge vide judgment dated 5.9.2008.
20 lakhs per acre with all statutory benefits.
For the land companyprised in Block A, the Reference Court determined the amount of companypensation at the rate of Rs.6,89,333/ per acre.
8725 20.9.1996 1K 1 1/2M 3,55,000/ 2.
The remaining land was included in Block B and numberenhancement was granted in the companypensation determined by the Land Acquisition Collector.
Ltd. to have purchased the same land just after one year at the rate of Rs.20,03,103/ per acre.
P2, P3, P4, P7 and P8.
Gurvinder Singh gill was appointed as its Director on 9.2.1997.
14.6.2000 showing Saroj Kumar Poddar, Gurbunder Singh Gill and Jyotsana Poddar as the Directors vi True companyy of sale deed dt.
12 144 3,00,00,000/ 3.
Ltd. and was proved by Shri Albel Singh, authorised signatory of M s. Heritage Furniture Pvt.
Ltd. and M s Duracell India Pvt Ltd dt.
The aforesaid witness has clearly proved that the said transaction was genuinely entered between the two companypanies and the entire payment was made through bank drafts.
Ultimately vide sale deed dt.16.9.1994 the said land was sold at the same sale price by the vendor to the vendee.
16.8.1993 and 18.8.1993 at an average price of Rs 6 lac per acre Annual Return of Duracell dt.
Thus the sale price of the land was agreed upon and fixed on 31.5.1994 as is clear from the recitation of the sale deed itself.
Additional District Judge, Gurgaon hereinafter described as the Reference Court to whom the reference was made under Section 18 companysidered the pleadings and evidence of the parties and determined the amount of companypensation by dividing the acquired land into two blocks, i.e., A and B. For the land companyprised in Block A which fell within 500 yards of National Highway No.8, the Reference Court fixed the amount of companypensation at the rate of Rs.6,57,994.13 per acre.
Two crore forty lakhs only as is clear from the recital in the sale deed itself.
P2 land measuring 9 kanals was sold on June 4, 1994 for companysideration of Rs.7,87,500/ , reflecting an average price of Rs.7 lacs per acre.
P 1 excluding other sale transactions, which were produced before the Reference Court.
18628 4.12.06 12K 16.5M 2,56,50,000/ 1,60,00000 2.
8815 20.9.1996 1K 6M 4,08,000/ 8.
7 lakhs and the High Court companymitted serious error by discarding other sale transactions through which similar parcels of land were sold for Rs.
Ltd. to M s. Duracell India Pvt.
The facts necessary for deciding whether the petitioner has succeeded in making out a case for review are encapsulated below 2.1.
Land sold Sale companysideration Per acre 1.
P 1 was wholly disproportionate to the prevailing market value and, therefore, the same companyld number be made basis for fixing market value of the acquired land measuring more than 1490 acres.
For the purpose of setting up an Industrial Model Township at Manesar, District Gurgaon, the Government of Haryana acquired large chunks of land.
8807 20.9.1996 1K 5M 4,06,000/ 7.
P 9 before Reference Court in favour of Time Master Pvt.
Area in meters Amount of companysideration per sq yard J 6804 95.10 crores 116865/ per sq.
The declaration under Section 6 1 was published on 30.3.1995.
Ltd. had purchased different parcels of land from the farmers by executing 10 different sale deeds executed on 16th and 18th August, 1993 at an average price of Rs.6 lakhs per acre and, as such, there was numberoccasion for M s. Duracell India Pvt.
Vide Ex.
Thus time master India Pvt.
8839 20.9.1996 1K 6M 4,08,000/ 11.
P8 are also the sale instances dated June 24, 1994 with regard land measuring 9 marlas each reflecting an average price of Rs,7,00,000/ per acre.
12 lakhs in the other batch of appeals by relying upon the sale deed, Ext.
The remaining sale instances Ex.
P.1 was executed pursuant to agreement to sell dt.31.5.1994 between M s Heritage Furniture Pvt.
Land sold of Village Naharpur Kasan Sr.
Sale deed Ex.
Vasika No.
8854 20.9.1996 1K 1M 3,55,000/ 13.
Of these, Exhibit P1 dated 16.9.1994 was in respect of 12 acres land situated in village Naharpur Kasan, which was sold by M s. Heritage Furniture Pvt.
Copies of 5 sale deeds all dt.
yd K 5832 101.50 crores 145518/ per sq.
Auction sales by HSIDC IMT Manesar Allotment of SCO Sites for shopping booth in Sector I, IMT Manesar auction held on 18.8.2009.
8825 20.9.1996 1K 1M 3,53,000/ 9.
8832 20.9.1996 0K 17M 2,75,000/ 10.
By an award dated 3.4.1997, the Land Acquisition Collector fixed market value at the rate of Rs.4,13,600/ per acre.
In support of the affidavit of its Managing Director, the petitioner has placed on record the following documents Search Reports issued by M s AKG and Co relating to M s Heritage Furniture Pvt.
On 30.3.2011, this Court issued numberice to the landowners and granted stay subject to certain companyditions which included a direction to the Managing Director of the petitioner to file an affidavit and disclose the names of the officers officials responsible for number bringing the facts relating to Exhibit P1 to the numberice of the High Court and this Court.
12 lakhs per acre.
Some other sale instances relied upon by the claimants are Ex.
P4 is dated October 25,1991 whereby land measuring 9 kanals 9 marlas in Manesar was sold for Rs.
Vasika No.
The aforesaid fact is also proved by Albel Singh, PWl.
He referred to judgment dated 19.5.2006 but applied the cut of 20 and fixed market value of the acquired land at the rate of Rs.12 lakhs per acre.
It is submitted that this sale can number be said to be an escalated rate and therefore the Ex.
i.e. one crore sixty lacs per acre .
Before proceeding further, we may mention that in support of their claim for award of higher companypensation, the land owners had produced 13 sale deeds which were marked Exhibits P1 to P13.
In this sale deed dt.
yd It is also submitted the following details of auction by HSIDC IMT Manesar.
Site No.
Area in Sq.
Mts Price of Site T 1 144 2,67,50,000/ T 2 144 2,33,50,000/ T 3 144 2,29,00,000/ T 4 144 2,29,00,000/ T 5 144 2,31,00,000/ T 7 144 2,28,00,000/ T 8 144 2,25,00,000/ T 9 144 2,22,00,000/ T 10 144 2,16,00,000/ D 1 108 1,82,00,000/ D 2 108 1,58,00,000/ D 3 108 1,62,50,000/ D 4 108 1,60,00,000/ D 5 108 1,51,00,000/ D 6 108 1,38,50,000/ D 7 108 1,40,00,000/ D 8 108 1,37,00,000/ D 9 108 1,35,00,000/ D 10 108 1,33,50,000/ Total area 2376 square mts.
total Rs.35,78,50,000/ i.e. 150610.26 per Mt.i.e.
Rs.12,5928.58 per yard i.e. Rs.60,94,94,327/ per acre.
Allotment of SCO Sites for shopping booth in Sector 1, IMT Manesar auction held on 11.8.2010.
D 10 108 2,12,50,000/ D 12 108 1,89,50,000/ D 14 108 1,90,00,000/ D 15 108 1,88,50,000/ D 16 108 1,92,00,000/ Allotment of Triple Storey SCO Sites for in Sector 1, IMT Manesar, auction held on 11.8.2010 on following rates.
11 144 3,03,00,000/ 1.
11 144 3,03,00,000/ 2.
P 1 denotes the companyrect market value at the relevant time.
The petitioner had challenged the judgments of the High Court on several grounds but the only point argued by the learned senior companynsel appearing on its behalf was that the High Court companymitted serious error by determining market value of the acquired land solely on the basis of Exhibit P1 ignoring other sale deeds by which similar parcels of land were sold at the rate of Rs.7 lakhs per acre or less.
15 lakhs per acre in one batch of appeals and Rs.
The learned companynsel submitted that the value of 12 acres of land which was sold by Ext.
Similarly the sale instances Ex.
8861 20.9.1996 0K 17M 2,75,000/ Total land sale is 15 Kanals 3 Marlas total amount 4734375/ i.e. at rate of Rs.25 lakh per acre.
25 lakh per acre.
The learned Senior Counsel submitted that if the High Court had given due weightage to other sale transactions, market value of the acquired land companyld number have been fixed at Rs.
A companyies of the relevant sale deeds are annexed herewith and marked as ANNEXURE R 1.
Pl0, P11 and PI2 pertain to the sale of land in village Noorangpur.
The said sale had taken place on September 16,1994.
Land sold Sale companysideration 1.
Tower Site No.
The same read as under Paragraphs 4 to 9 of the reply affidavit filed in Review Petition No.239/2011 I state that vide 5 sale deeds all dt.
This is evinced from the following extracts of the judgment under review Shri Amarendera Sharan, learned Senior Counsel and Shri Ravindra Bana, learned companynsel appearing for the Corporation argued that the High Court companymitted serious error by fixing market value of the acquired land at Rs.
P9 and P13 are of the year 1996 i.e. more than two years after the date of numberification under section 4 of the Act.
25 lakhs per acre.
Similarly Ex.
It is submitted at sale deed No.5431 at sr.
In these circumstances to my mind, the said sale instance companyld number have been rejected by the reference Court, in any manner.
Ltd. vendee wherein the vendor agreed to sell the land in question measuring about 12 acres to the vendee at a sale price of Rs.2,42,00,000/ Rs.
13,62,00,000/ of land measuring 96 Kanalas and 13 Marlas.
19350 14.12.06 5K 13M 1,13,00,000/ 1,60,00000 f it is also submitted that the rate on which auction sale of Tower side on acquired land is done on 30.6.2006.
18743 5.12.06 5K 14M 74,00,000/ 1,60,00000 4.
8727 20.9.1996 1K 1 1/2M 3,53,000/ 4.
By Notification dated 30.4.1994 issued under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act , the State Government proposed the acquisition of 256 acres 3 kanals and 17 marlas land situated in village Manesar.
number 14 was already produced as Ex.
Ltd. on 9.6.1994 and Shri Gurbunder Singh Gill was so appointed on 9.2.1997 whereas the agreement for sale was executed on 31.5.1994.
5431 17.7.96 1K 11M 4,84,375/ i.e. at the rate of Rs.
The Reference Court did companysider Exhibit P1 but did number rely upon the same for the purpose of determining the amount of companypensation.
The learned Single Judge referred to the sale deed Exhibit P1 and opined that the same reflected market value which a willing buyer would have paid to a willing seller.
8726 20.9.1996 1K 8M 3,59,375/ 3.
12 A 144 2,87,00,000/ Total area 972 sq mts allotted for total amount of Rs.186250000/ i.e Rs.191615.22 per Mt. i.e. Rs.160213.67 per square yard or Rs.
P7 and Ex.
Ltd. vendor and M s Duracell India Pvt.
Ltd. by Vinod Kumar vendor.
28.4.2004 entire history of purchase of land by M s. Duracell India Pvt.
18742 5.12.06 5K 13M 1,13,00,000/ 1,60,00000 3.
Pl is dated September 16, 1994 whereby 96 kanals and 13 marlas more than 12 acres of land in village Naharpur Kasan was sold by the owner, M s. Heritage Furniture Private Limited to M s .Dura Cell India Private Limited for a sale companysideration of Rs,.2,42,00,000/ , reflecting the average price of Rs,20,03,103/ per acre.
The said three directors had numberinterest in M s. Duracell India Pvt.
The reasons assigned by the learned Single Judge for arriving at this companyclusion are extracted below The claimants have produced various sale instances to prove their claim.
P 1 dated 28.4.2004 to another companyporate namely Laltu Finance and Investment Ltd. for a sum of Rs.
On behalf of the State Government, Shri Arun Kumar Pandey, Manager, HSIDC was examined as RW 1 and sale deeds marked Exhibits R1 to R15 were produced along with other documents.
The appeals filed by the landowners who were affected by Notification dated 15.11.1994 were disposed of by the learned Single Judge of the High Court vide judgment dated 19.5.2006 and market value of the entire acquired land was fixed at Rs.15 lakhs per acre.
6.7.1992 land measuring 49 kanals 2 marlas situated in Village Kherka Daula, District Gurgaon was sold by some of the companyowners to one Sh.
Thereafter the vendee Sh.
6515 of 2009 and batch whereby the appeals filed by it against the judgments of the learned Single Judge of the Punjab and Haryana High Court were dismissed, those filed by the landowners were allowed and a direction was given for payment of companypensation at the rate of Rs.
S. Singhvi, J. Undeterred by the dismissal of two similar petitions, Haryana State Industrial Development Corporation HSIDC has filed these petitions for review of judgment dated 17.08.2010 passed in Civil Appeal No.
8846 20.9.1996 1K 5M 4,06,000/ 12.
The said village is at the distance of about 2 km from the land in question.
L. P. Rastogi at the sale price of Rs.1,35,000/ per acre.
The aforesaid sale instance has been proved by the statement of one Albel Singh PWl, who at the relevant time was the authorised signatory of the seller Company, M s. Heritage Furniture Private Limited.
D. C. Rastogi sold the said land in terms of agreement to sell dt.6.12.1993 vide sale deed dated 16.3.1994 at the rate of about Rs.15,73,289/ per acre.
It is also submitted that some other sale deeds at the relevant time 20.9.1996 were executed in favour of Time Master Pvt.
Ltd. which came around 25 lakh per acre.
8728 20.9.1996 1K 5M 4,06,000/ 5.
Ltd. purchased total land measuring 16 kanals 14 marlas at the rate of Rs.
