According to the claimants, they are entitled to the enhancement of companypensation as their land acquired by the State has potential value for residential or companymercial purposes.
R1 award of Land Acquisition Collector Ex.
7033/06 with regard to village Mujheri Civil Appeal Nos.
between the lands in question and the land acquired for Sector II, Faridabad, which is situated on the western side of Agra Canal.
yard for Banjar Kadim and Gair Mumkin lands falling in the revenue estate of villages Mujheri, Neemka and Sihi.
1,000/ per square yard.
He admitted that the value of the land near Sectors II and III, Faridabad are number less than Rs.
607/97 Ex.
392.50 per sq.
Other statutory benefits for which the claimants are entitled to were also awarded to the land owners.
P9 passed by Additional District Judge in LAC Case No.282/97 titled Nathan Singh v. LAC and other companynected cases awarding companypensation at the rate of Rs.
He deposed that near the acquired land at village Mujheri, there are three or four factories in existence, besides gas godowns etc.
39,000/ companyy of sale deed Exhibit R6 dated 23.6.1996 vide which Raghuvir and Ramlal sons of Lal Singh sold land measuring 1 kanal 10 marlas in favour of Manoj Goyal for Rs.
3.6 After hearing the learned companynsel for the parties and having gone through the award of the reference companyrt as well as other material on record, the High Court by its judgment dated 29.05.2004 dismissed all the appeals and thereby companyfirmed the award made by the reference companyrt.
Reference to the sale deed dated 23.06.1994 Exhibit R6 though the actual date of execution is 23.06.1994 has been made by the learned companynsel vide which Raghbir and Ram Lal had sold land measuring 1 Kanal and 10 Marlas situated in village Mujheri to Manoj Goyal who is one of the claimants in the present cases for a companysideration of Rs.40,000/ about Rs.44.40 per sq.
yard equivalent to Rs.9,19,600/ per acre was awarded as per award dated 21.02.2000.
40,000/ companyy of mutation of sales for the year 1992 93 Ex.
Hence, these appeals have been preferred by the NTPC and by the claimants challenging the companyrectness and validity of the companymon judgment and order of the High Court.
yard during the years 1996 to 1999.
He further stated that the land in question acquired at villages Mujheri, Neemka and Sihi were of the same quality and potentiality.
900/ to Rs.
R.W. 4 Dharambir Singh, Deed Writer, District Court, Faridabad is the subscriber of original sale deed Exhibit R5.
It was also submitted that in any event determination of the market value of the acquired lands at the rate of Rs.
The reference companyrt allowed the reference applications made by the claimants and accordingly, enhanced the amounts of companypensation.
It was then urged by Mr. S.K. Dhingra that for determining the market value of the land in question, the reference companyrt as well as the High Court have erred in placing unnecessary reliance on award dated 29.04.1998 Exhibit P7 passed by the reference Court fixing the market value of the land at village Sihi, which was acquired for development of Sector II, Faridabad vide preliminary numberification dated 23.11.1992 at the rate of Rs.250/ per square yard and later on enhanced by the High Court to Rs.
33, 000/ .
1000/ per square yard and the value of lands at village Mujheri and village Sihi companyld number be assessed less than Rs.
It has companye in the evidence of Hukam Singh, who at that time was posted as Patwari at village Pyala, that the acquired land was surrounded by Bharat Petroleum Corporation Ltd. and Indian Oil Corporation, etc.
291/ per square yard vide judgment dated 26.08.1999 Ext.
The State of Haryana companytested the references, inter alia, companytending that the land owners had accepted the companypensation without protest that the acquired land is situated in different villages far away from the urban areas of Faridabad Ballabgarh towns and did number possess any potentiality other than being agricultural land.
607/1997 and LAC Case No.
The evidences led by both sides shows that the relied upon judgment relates to acquisition of lands for development of Sector II, Faridabad, situated on the western side of Agra canal and the lands acquired for NTPC, which are subject matter of these appeals, are situated on the eastern side of the Agra canal.
yards in the developed area of village Sihi which was sold by Ramlal in favour of M s Assemblies of God, New Delhi for a sum of Rs.
In answer to the second issue, the reference companyrt observed that the reference applications preferred by the claimants under Section 18 of the Act, companyld be companystrued as protest against the award and there was numberneed for them to lodge separate protest in writing before accepting the companypensation.
He also admitted that the land was acquired by NTPC for companymercial purposes.1.1 The appellant Faridabad Gas Power Project, NTPCL, has filed Civil Appeal Nos.493, 523, 520, 518, 524, 519, 522, 512, 508, 502, 504, 509, 517, 553, 554, 552, 514, 521, 515, 513, 584, 582, 583, 596, 580, 579, 574, 576, 532, 527, 529, 531, 528, 571, 497, 567, 501, 494, 564, 560, 545, 656, 543, 540, 539, 570 of 2007 and Civil Appeal arising out of S.L. P. C No.
Since companymon questions of facts and law are involved in these cases they were heard together and are being decided by this companymon judgment.
For the land situated in village Pyala, the reference companyrt is said to have awarded companypensation at the rate of Rs.3,00,000/ per acre.
282/1997.
yard and Rs.2,00,000/ per acre, i.e. Rs.42/ per sq.
R.W. 6 Bisham Singh, at the relevant time was posted as Patwari in Land Acquisition Collectors Office, Faridabad.
With regard to the acquisition of land in village Pyala, the LAC awarded companypensation at the rate of Rs.1,50,000/ per acre for Chahi land.
500/ to Rs.
In cross examination, he admitted that he has seen the land acquired in village Mujheri and the land earlier acquired for development of Sector II, Faridabad.
For the land acquired in village Jhajru, the LAC awarded companypensation at the rate of Rs.1,57,000/ per acre for Chahi land and Rs.1,50,000/ per acre for Gair Mumkin land.
P6 dated 07.01.1994 on which reliance has been placed by the claimants cannot be companysidered as a companyparable instance to determine the market value of large extent of the acquired land as the document Ex.
The brief facts, which led to the filing of these appeals, are as follows 3.1 The State of Haryana issued Notification dated 16.08.1995 under Section 4 1 of the Land Acquisition Act, 1894 for short the Act for acquisition of a track of 319.31 acres of lands in five villages, namely, Mujheri 154.23 acres , Neemka 67 acres , Sihi 73 acres , Jhajru 24.12 acres and Pyala 0.96 acres situated in Tehsil Ballabhgarh, District Faridabad, for public purpose, namely, for companystruction of 400 MW Faridabad Gas Based Power Project with an ultimate capacity of 1200 MW a unit of National Thermal Power Corporation Limited, Government of India Enterprise.
In the light of the factual situation and having carefully perused the judgment of the High Court impugned before this Court, we have heard the learned companynsel for all the parties.
yard was also relied on by Mr. Dhingra to emphasise his point that the companyrts below have grossly erred in ignoring the above said vital documentary evidence on the basis of which just companypensation companyld have been determined and paid to the claimants.
PX by ignoring the distance of about 2 kms.
In cross examination this witness admitted that village Mujheri is situated on Ballabgarh Tigaon Road.
R2 companyy of payment of companypensation Ex.
There exists a water treatment plant just opposite to the acquired land in village Mujheri and on the opposite side of village Mujheri, a vast track of land falling in village Neemka has been acquired by HUDA for the purpose of establishment of big industries.
Copy of another sale deed dated 30.06.1993 Exhibit R5 vide which Smt.
Kamla had sold land measuring 1 Kanal 11 Marlas in village Mujheri in favour of Haria for a sum of Rs.39,000/ about Rs.41.58 per sq.
P8 titled Tek Singh v. LAC and other companynected cases whereby companypensation was awarded at the rate of Rs.
It is the evidence of R.W. 8 Mohanlal, Field Kanungo posted at Ballabgarh that in terms of the order of the Tehsildar, he demarcated the acquired land at the time of acquisition.
2,50,000/ per acre for Chahi land, i.e. about Rs.52/ per sq.
3.5 A batch of appeals under Section 54 of the Act came to be filed before the High Court of Punjab and Haryana, both by NTPC praying for reduction of the amount of companypensation awarded by the reference companyrt, and a section of claimants seeking enhancement of the amounts of companypensation for the acquired land.
All the aforesaid appeals arise out of a companymon judgment and order dated 29.05.2004 passed by the High Court of Punjab and Haryana at Chandigarh, in Regular First Appeal No.1543 of 2000 and a batch of 146 companynected appeals.
The reference companyrt as well as the High Court have companysidered the entire oral and documentary evidence on record and companycluded that the sale deed Ex.
yard equivalent to Rs.14,81,040/ per acre for the land acquired in villages Mujheri, Neemka and Sihi respectively.
P6 pertained to a small piece of land measuring only 100 sq.
He stated that Agra Canal falls between land at village Mujheri and land in Sector II, Faridabad and the land acquired at village Mujheri is situated on Ballabgarh Tigaon Road.
He also admitted that the acquired land of village Mujheri adjoins the land of village Sihi, a part of which has also been acquired for the purpose of NTPC and out of the vast track of lands, some area was earlier acquired for development of Sector II, Faridabad.
He stated that many factories are in existence in the village.
In regard to the lands acquired in village Jhajru situated away from the lands at Mujheri, Neemka and Sihi, companypensation at the rate of Rs.190/ per sq.
Kamla sold 1 kanal 11 marlas land in favour of Haria for a sum of Rs.
He admitted that abadi of Ballabgarh has extended upto Sector II, Faridabad and after Sector II there exists Agra Canal and farther thereto village Sihi is situated.
According to him, at the time of Notification issued under Section 4 of the Act, the value of the acquired land was Rs.
He has placed on record two awards of the reference companyrt passed in LAC Case No.
There is pucca road from Ballabgarh to village Tigaon which is extended upto village Manjhawali and the land situated at village Mujheri adjoins the land situated at Ballabgarh Tigaon Road.
1.2 Civil Appeal Nos.569, 566 and 568 of 2007 have been filed by claimants, who are residents of village Mujheri whereas Civil Appeal Nos.526, 581, 585, 871, 845 of 2007 have been filed by claimants of village Jhajru for enhancement of the amounts of companypensation.
3.4 Before the reference companyrt Additional District Judge, Faridabad , the parties led evidence and raised mainly the following two issues What was the market price of the acquired land on the date of publication of numberification under Section 4 1 of the Land Acquisition Act, 1894?
R5 vide which Smt.
As per Aks Shajra Ex.
R7 and a companyy of Site Development Plan Ex.
R3 companyy of sale deed dated 30.06.1993 Ex.
ii Whether the petitioners are estopped from filing the petition by their acts and companyduct?
R3 , the acquired land was situated at a distance of 2 to 3 Kilometres from Delhi Mathura Road.
He stated that on the western side of the lands, there are agricultural lands of village Sihi and on the eastern side of the acquired lands there is a track of agricultural lands of the land owners of villages Neemka, Navada, Tigaon and Mujheri respectively.
306/ per square yard by giving annual appreciation at the rate of 5 by the companyrts below for agricultural land situated in villages Mujheri, Neemka and Sihi, was entirely speculative based upon unsatisfactory and unreliable evidence led by the claimants.
3.3 Being aggrieved against and dissatisfied with the award passed by the LAC, the claimants preferred reference applications under Section 18 of the Act.
250/ per square yard in respect of the land acquired by the State of Haryana vide Notification dated 23.11.1992 for development of Sector II, Faridabad Copy of judgment dated 07.08.1997 delivered by Additional District Judge, Faridabad in LAC Case No.
R.W. 7 Ashok Kumar Patwari, village Mujheri, Tehsil Ballabgarh stated that lands of villages Sihi and Mujheri are situated on Ballabgarh Tigaon Road and there exists a disposal tank just opposite to the acquired land across the Ballabgarh Tigaon Road which is located in Mirjapur.
435/ per square yard in respect of the land acquired vide numberification dated 07.04.1996 for green belt of West of Delhi Mathura Road, Sector 12, Faridabad.
The Additional District Judge vide companymon judgments judgment dated 21.02.2000 in respect of lands in the villages Mujheri and Sihi and judgment dated 07.03.2000 in regard to Neemka lands awarded companypensation at the rate of Rs.306/ per sq.
600/ per sq.
Lokeshwar Singh Panta, J. Delay companydoned and leave granted in Special Leave Petitions.
551, 510, 578, 565, 555, 499, 589, 592, 547 of 2007, Civil Appeal arising out of S.L. P. C No.11558 of 2007 with regard to village Jhajru Civil Appeal Nos.544, 548, 588, 542, 655, 698 of 2007, and Civil Appeal arising out of S.L.P. C No.7031 of 2006 with regard to village Neemka and Civil Appeal Nos.516, 575, 500, 572, 563, 558, 537, 591 of 2007 with regard to village Pyala.
525, 506, 507, 549, 511, 533, 530, 561, 559, 557, 556, 562, 536, 541, 546, 586, 587, 590, 535, of 2007 and Civil Appeal arising out of S.L. P. C Nos.7457, 9485 of 2007, 7032, 7008 of 2006, 7460, 7458, 3846, 3880, 3893, 9385 of 2007 with regard to village Sihi Civil Appeal Nos.
He also stated that two small factories are in existence apart from gas godowns adjoining to village Mujheri and the land acquired for NTPC adjoins Ballabgarh Tigaon Road.
By the impugned judgment, the High Court has dismissed the appeals filed by M s. Faridabad Gas Power Project, National Thermal Power Corporation Limited, as well as by the land owners and companyfirmed the judgment and decree dated 21.02.2000 passed by the Additional District Judge, Faridabad, in land references preferred under Section 18 of the Land Acquisition Act, 1894.
yard in respect of the land acquired vide numberification dated 05.06.1992 and dated 04.06.1993 for development of Sector 20 B Faridabad companyy of judgment dated 27.10.1997 Ex.
and the abadi of village Sihi has extended upto Agra Canal near Sector II and Sector III, Faridabad.
3.2 The Land Acquisition Collector, Faridabad for short LAC awarded companypensation at the rate of Rs.
In rebuttal, NTPC and the State examined ten witnesses and tendered in evidence Development Plan of Faridabad Ballabgarh Controlled Area Ex.
