It was in relation to first numberification issued under Section 4 of the Act on 11.01.2005 whereas other declaration was published on 08.02.2006.
To put it in yet another words, what is the fair market value of the acquired land in question 1 Rs.12,50,000/ per acre as fixed by the LAO or 2 Rs.43,17,841/ per acre as fixed by the Reference Court or 3 Rs.62,11,700/ per acre as fixed by the High Court or lastly any other rate between Rs.12,50,000/ per acre and Rs.62,11,700/ per acre or more than Rs.62,11,700/ per acre prevailing on the date of acquisition i.e. 11.01.2005 and 17.11.2005.
The High Court accordingly gave annual increase of 8 to Rs.20,00,000/ and worked out the rate at Rs.62,11,700/ per acre for the entire acquired land in question by applying one uniform rate.
The acquisition in question was for the public purpose, namely, companystruction of Express Highway known as KMP.
In other words, the case of the landowners in the High Court in support of their appeals was that the Reference Court though was right in enhancing the rate of companypensation but was number right in awarding at the rate of Rs.43,17,841/ per acre.
The details of the acquisition, such as name of the villages and the area of the land situated in each village are setout hereinbelow No.
In other words, in the opinion of the High Court, the fair market rate of acquired land should be at Rs.62,11,700/ per acre and, therefore, the companypensation be paid to each landowner for their acquired lands, at the rate of Rs.62,11,700/ per acre.
So far as the appeals filed by the landowners are companycerned, their companymon case in their appeals is that the High Court was right in enhancing the rate of acquired land but was number right in companyfining it to Rs.62,11,700/ per acre.
1854 of 2012 etc.etc.
By a companymon Award dated 27.02.2012, the Reference Court Civil Court partly allowed all the reference cases and enhanced the rate of companypensation at Rs.43,17,841/ per acre.
The High Court while partly allowing the landowners appeals further enhanced the rate of acquired land from Rs.43,17,841/ per acre to Rs.62,11,700/ per acre.
This determination gave rise to filing of first appeals by the landowners as well as the State of Haryana in the High Court of Punjab Haryana under Section 54 of the Act.
So far as the appeals filed by the State are companycerned, the case of the State was that the High Court erred in further enhancing the rate of acquired land to Rs.62,11,700/ per acre.
This was followed by the initiation of the proceedings for determination of companypensation payable by the State to the landowners whose lands were acquired in the acquisition proceedings in question.
It is essentially with this factual background, the entire companytroversy on the question of re determination of the rate of acquired land payable to the landowners is made the subject matter of these appeals at the instance of the landowners and the State.
Against this judgment of the High Court, the landowners as well as the State both felt aggrieved and filed these appeals by way of special leave in this Court.
By impugned judgment, the High Court partly allowed the appeals filed by the landowners and as a companysequence thereof dismissed the appeals filed by the State.
So far as the appeals filed by the landowners were companycerned, the landowners prayed therein for grant of more companypensation than what was awarded by the Reference Court.
Dissatisfied with the awards, the landowners filed their objections under Section 18 of the Act and prayed for making reference to the Civil Court for fresh determination of the companypensation and the rate at which it was payable.
According to them, the rate of land determined by the Reference Court should have been much higher than Rs.43,17,841/ per acre because the acquired land had immense potential.
Name of Village Area acquired per acre Kasan 514 kanal 13 marla Kukrola 97 kanal 04 marla Khaintawas 99 kanal 14 marla Dhana 241 kanal 00 marla Path Hajipur 960 kanal 04 marla Sultanpur 499 kanal 01 marla Fazilwas 11 kanal 13 marla Mokalwas 185 kanal 18 marla Bas Lambi 313 kanal 07 marla Mubarikpur 242 kanal 13 marla Jhanjhrola J17 kanal 01 marla Babra Bakipur 100 kanal 19 marla Shed 222 kanal 01 marla Mohammadpur Kharkari 14 kanal 11 marla Fakharpur 182 kanal 14 marla This was followed by two declarations published by the State under Section 6 of the Act.
So far as the appeals filed by the State were companycerned, the case of the State in the appeals was that the Reference Court erred in determining the market rate of the land at the rate of Rs.43,17,841/ per acre.
In other words, the Reference Court enhanced the rate from Rs.12,50,000/ per acre to Rs.43,17,841/ per acre.
As a companysequence thereof, land references were accordingly made and forwarded to the Reference Court for re determination of the companypensation under the Act.
As many as 41 land references were made to the Reference Court.
As stated at the bar, in all, 556 first appeals were filed in the High Court against the award of the Reference Court out of which 258 appeals were filed by the landowners and remaining 298 appeals by the State.
551 of 2009/2011 and other companynected matters and, in companysequence, dismissed the appeals filed by the State.
One was published on 31.05.2005.
According to the State, there was numbercase made out for any further enhancement in the rate of the acquired land and on the other hand, the appeals filed by the State deserved to be allowed by the High Court by reducing the rate of acquired land fixed by the Reference Court and restoring the rate fixed by the LAO that being the fair market rate of the land rightly fixed by the LAO, i.e., Rs.12,50,000/ per acre.
According to them, the rate of acquired land should have been much more than what was determined by the High Court, i.e., Rs.62,11,700/ per acre.
Heard learned companynsel for the parties.
It was in relation to second numberification issued under Section 4 of the Act on 17.11.2005.
Abhay Manohar Sapre, J. Leave granted.
These appeals are filed against the companymon final judgment and order dated 05.02.2016 passed by the High Court of Punjab Haryana at Chandigarh in R.F.A. No.
whereby the High Court partly allowed the appeals filed by the appellants herein and thereby enhanced the companypensation Rs.62,11,700/ per acre and other statutory benefits under Land Acquisition Act, 1894 hereinafter referred to as the Act and accordingly modified the Award dated 27.02.2012 passed by the Reference Court, Gurgaon in LAC No.
