P 6 and Ex.
The appeals filed by land owners before the High Court, seeking enhancement of companypensation and the appeal filed by HAFED seeking reduction of companypensation are decided by the High Court of Punjab and Haryana vide a companymon judgment dated 20.9.2010.
The land of the appellants was acquired by the Government of Haryana, which falls in the Revenue Estate of Tohana, Tehsil Tohana, District Fatehabad, Haryana.
The appellants had filed objections to the said determination of companypensation by the LAC and the matter was referred to the learned Additional District Judge, Fatehabad under Section 18 of the LA Act.
Vide this Conveyance Deed 34,475 square meters of land was sold by the HSIDC to CWC Rs.150/ per square meter.
A perusal of the judgment of the High Court would reveal that though the appellants had produced on record certain sale deeds and other documents showing higher value of the land, the High Court chose to rely upon only one document, namely, Ex.
He submitted that the acquired land is strategically located which the landowners have proved by producing on record the site plans, Ex.
In an endeavour to find fault with the aforesaid approach of the High Court, Mr. Singla, the learned senior companynsel appearing for the appellants submitted that the High Court companymitted an error in relying upon the said solitary document and in the process ignore other more relevant documents which had been produced by the appellants.
He also referred to Ex.
Category A and Category B. Under Section 23 1 A of the Act, the escalation was fixed at 12 per annum on the assessed companypensation.
The High Court also found that the land sold to CWC is located at a link road whereas the land of the appellants which was acquired by the Government was located at a crossing of five roads and thus lands sold of HSIDC to CWC was better located.
FCI godwon, CWC godown, HUDA Colony, Grain Market of Tohana, Mirch Mandi, Railway Station.
The High Court, thus, relied upon the said sale deed on the basis of which it has companycluded that the assessment of companypensation by the learned ADJ is most appropriate.
Vide this award, he categorized the land into two categories, namely category A and category B and fixed the companypensation of Rs.8,00,000/ per acre for category A and Rs.6,50,000/ per acre for category B. Still dissatisfied and aspiring for further enhancement of the companypensation, the appellants filed Regular First appeal from the aforesaid orders of the learned ADJ.
Since the land of all the appellants is situate in Revenue Estate of Tohana, District Fatehabad, Haryana and is acquired by the same Notification, facts pertaining to the said Notification apply to all these appellants.
The Court had applied the formula of 12 per year in the valuation of land and on that basis fixed the market rate at approximately Rs.520/ per square yard after taking a deduction of one third, the valuation was arrived at Rs.350/ per square yard in the year 1993.
P 15 which is a companyveyance deed registered for sale by Haryana State Industrial Development Corporation HSIDC to the Central Warehousing Corporation CWC .
The Land Acquisition Collector LAC had assessed the market value of the acquired land Rs.2,75,000/ per acre for chahi, Rs.1,75,000/ per acre for Tibba Tall and Rs.3,25,000/ per acre for gair mumkin land.
The learned ADJ passed the award dated 21.2.2006.
The land is situate in revenue estate of Tohana, District Fatehabad, Haryana.
The acquired land is located near the industrial area.
The Reference Court under Section 18 of the Act vide its award dated 21.2.2006 assessed the companypensation Rs.8/ Lac per acre and Rs.6.50 Lac per acre by categorizing the acquired land in two categories, viz.
319 52 of 2011 by one Mukesh and a number of appeals have been tagged with the said matter, including the one filed by the Haryana Urban Development Authority, being SLPs C Nos.
The other statutory benefits were also allowed thereby.
P 18 which shows the allotment of companymercial plot of 100 square yards by HUDA Rs.1193/ per square yard.
This was published in official gazette on 08.01.2002.
The allotment letter issued in this behalf was dated 4.9.2001 and from this the High Court inferred that process for sale must have been started much prior thereto.
The relevant portion of the judgment, in this behalf reads as under In regard to the 157.20 acres of land situated in Fatehabad, District Hisar, Haryana, acquired for utilisation and development of residential and companymercial purposes in Sector 3, Fatehabad, the companypensation in respect thereof has been questioned in Civil Appeals Nos.
The public purpose mentioned was the companystruction of godowns and rice mills at Tohana, for HAFED Haryana State Co operative Supply and Market Federation Ltd. In pursuance to the Land Acquisition Collectors Award dated 19.9.2003, the acquired lands were taken possession on 17.12.2003.
There are many companymercial establishments located near the acquired like viz.
In all these appeals, challenge is laid to the judgment of the High Court pronounced on 20th September 2010, whereby number of appeals filed for enhancement of companypensation under the Land Acquisition Act, 1894 hereinafter referred to as the LA Act were dismissed by the High Court.
K.SIKRI,J. Leave granted.
Appeals of both the parties have been dismissed as numbered above.
