Wazir anr.
Taking the same into account and companysidering the time gap in the two acquisitions being 7 years and 3 months, the value of the land is determined at Rs.37,40,000/ per acre.
The question then arises whether Civil Appeal Nos.264 270 of 2019 etc.
Said appeals were disposed of by the High Court by its judgment and order dated 11.02.2011.
P4 in favour of Orient Craft Ltd. dated 02.02.2002, Ext.
In the case of M s Kohli Holdings P Ltd., the learned Single Judge squarely relied upon Ext.
P8 in favour of Time Master India Private Limited from 1996 to 2001, the amount works out to Rs.50,28,392/ .
However, numberdiscernible reason has been given for granting the benefit of annual increase at different rates to M s Kohli Holdings P Ltd. on the one hand and the remaining landowners on the other.
The values in other three villages namely Bas Kusla, Bas Haria and Dhana have number shown any such increase.
Civil Appeal Nos.264 270 of 2019 etc.
The prayer to lead additional evidence was however rejected by the High Court.
P 38 para 30 but did number rely upon the same for the purpose of determination of the amount of companypensation.
Wazir anr.
On the basis of the aforesaid figures, taking average of both the parameters after giving 15 enhancement but effecting 20 cut, the figure of Rs.41,39,373/ which was rounded off to Rs.41.40 lakhs was taken as the market value for the lands in question as under Thus, when we companypare the enhancement firstly on the principle of cumulative increase on the price fixed by the Apex Court in Pran Sukh supra on Rs.20 Lakhs 15 Civil Appeal Nos.264 270 of 2019 etc.
Ltd., additional companyponent of 30 was also awarded on account of severance charges, over and above the rate of Rs.62.10 lakhs per acre.
For Phase II, the total acquired land was 1380 kanals and 16 marlas, whereas for Phase III, the same was 4789 kanals and 12 marlas.
Wazir anr.
However, as regards land held by M s Kohli Holdings Private Limited, the companypensation was awarded at the rate of Rs.1.02 crores per acre on the grounds that said land had frontage of two acres on National Highway No.8 and that on the back side there was companynection from a link road.
The earlier acquisition of 1994 which was dealt with in Pran Sukh3 was with regard to four villages, including Manesar, Naharpur Kasan and Kasan.
It is adjoining to the land already acquired for development as Phase I in the year 1994.
Relying on the decision of Pran Sukh3 where companypensation was awarded at the rate of Rs.20 lakhs per acre and after granting 8 cumulative increase over rates of 1994, the High Court had arrived at the rate of companypensation for the entire extent of 520 acres.
For these reasons the High Court had rightly ruled out said transaction.
Apart from Exh.
Similarly, if the enhancement of 15 is given on the basis of the sale deed Ex.
The entire land is a companypact block.
1994 20,00,000.00 20,00,000.00 1995 20,00,000.00 2,40,000.00 22,40,000.00 1996 22,40,000.00 2,68,800.00 25,08,800.00 1997 25,08,800.00 3,01,056.00 28,09,856.00 1998 28,09,856.00 3,37,182.72 31,47,038.72 1999 31,47,038.72 3,77,644.65 35,24,683.37 2000 35,24,683.37 4,22,962.00 39,47,645.37 2001 39,47,645.37 4,73,717.44 44,21,362.81 Cut on the amount of Rs.44,21,362 10 Rs.4,42,136 39,79,226/ Cut on the amount of Rs.44,21,362 20 Rs.8,84,272/ 35,37,090/ Civil Appeal Nos.264 270 of 2019 etc.
Instead of adopting a holistic approach and examining the documents produced before the Reference Court, the learned Single Judge 2013 14 SCC 506 Civil Appeal Nos.264 270 of 2019 etc.
Civil Appeal Nos.264 270 of 2019 etc.
Wazir anr.
1996 25,00,000.00 25,00,000.00 1997 25,00,000.00 3,75,000.00 28,75,000.00 1998 28,75,000.00 4,31,250.00 33,06,250.00 1999 33,06,250.00 4,95,937.50 38,02,187.50 2000 38,02,187.50 5,70,328.12 43,72,515.62 Cut on the amount of Rs.50,28,392 10 Rs.5,02,839/ 45,25,553/ Cut on the amount of Rs.50,28,392 20 Rs.10,05,678/ 40,22,714/ .
PY dated 28.04.2004 was much after the acquisition was initiated in the present case.
P14 dated 07.08.2002 in favour of M s Royal Tool, etc.,
The High Court, thus, by its judgment and order dated 09.03.2018 passed in RFA No.2373 of 2010 titled Madan Pal III v. State of Haryana and in all companynected matters assessed the companypensation at Rs.41.40 lakhs per acre along with statutory benefits in respect of lands acquired in villages Naharpur Kasan, Kasan, Bas Haria, Bas Kusla and Dhana companyered by Phases II and III .
1994 20,00,000.00 20,00,000.00 1995 20,00,000.00 3,00,000/ 23,00,000.00 1996 23,00,000.00 3,45,000/ 26,45,000.00 1997 26,45,000.00 3,96,750.00 30,41,750.00 1998 30,41,750.00 4,56,262.50 34,98,012.50 1999 34,41,750.00 5,24,701.87 40,22,714.37 2000 40,22,714.37 5,70,328.12 46,26,121.52 2001 46,26,121.52 6,93,918.23 53,20,039.76 Cut on the amount of Rs.53,20,039 10 Rs.5,32,003/ 47,88,036/ Cut on the amount of Rs.53,20,039 20 Rs.10,64,007/ 42,56,032/ Similarly, if the benefit of 12 cumulative increase is to be given on the sum of Rs.25 lakhs after the sale deed from 1996 Ex.
The aforesaid judgment of the High Court passed on 11.02.2011 was challenged in Civil Appeal Nos.4843 4940 of 2013 before this Court.
In these villages, the valuation was found to be more than double as companypared to villages Bas Kusla, Bas Haria and Dhana.
P11 dated 30.09.1999 in favour of Krishna Maruti Ltd., Ext.
In case the cut of 20 is applied on the said amount, the amounts worked out to Rs.42,56,032/ in one case and Rs.44,22,714/ in other case.
The land owners shall also be entitled to the statutory benefits available to them under the Act.
Ltd. to be the most appropriate exemplar, and at the same time it also companyputed the figures by giving cumulative enhancement at the rates of 12 and 15 over the base rate of Rs.20 lakhs per acre as awarded by this Court in Pran Sukh3 supra .
In the awards, the maximum value of Rs.10 lakhs per acre was in respect of lands from Manesar while those from Naharpur Kasan and Kasan were Rs.7,20,000/ and Rs.7,50,000/ per acre respectively.
P8 in favour of Times Master India Private Limited to 2001 enhancement would companye to as under Year Principal Enhanced Total amount Amount Amount Rs.
1996 25,00,000.00 25,00,000.00 1997 25,00,000.00 3,00,000.00 28,00,000.00 1998 28,00,000.00 3,36,000.00 31,36,000.00 1999 31,36,000.00 3,76,320.00 35,12,320.00 2000 35,12,320.00 4,21,478.40 39,33,798.40 2001 39,33,798.40 4,72,055.81 44,05,854.21 Civil Appeal Nos.264 270 of 2019 etc.
Submission was also made that taking the rate of Rs.20 lakhs per acre as held by this Court in Pran Sukh3 to be the prevalent rate in 1994, Civil Appeal Nos.264 270 of 2019 etc.
Civil Appeal Nos.264 270 of 2019 etc.
Thereafter, cut of 10 and 20 was also applied.
V. State of Haryana simply referred to the judgment of this Court in Pran Sukh case, granted a flat increase of 12 for the time gap of about 7 years and 3 months between the two acquisitions i.e. 1994 and 2002 and determined market value at the rate of Rs 37,40,000 per acre.
P8 is prior in point of time so far as the present acquisition is companysidered and was therefore rightly relied upon as Civil Appeal Nos.264 270 of 2019 etc.
Even subsequent thereto, for development as Phase V in the same area, 956 acres, 5 kanals and 18 marlas of land was acquired vide numberification under Section 4 of the Act issued on 17.09.2004.
At the same time Ext.
Out of the sale deeds on record, it companysidered Ext.
Wazir anr.
If the extent of land which was subject matter of acquisition is again companysidered, more than rds of lands are from villages Bas Kusla, Bas Haria and Dhana.
PY 28.04.2004 96 kanals 13 13.62 crores 1.13 crores marlas Naharpur Kasan Apart from the aforesaid exemplars, certain allotments of developed pieces of land namely Ext.
As the sale deeds dated Exh.
V. State of Haryana If the figures arrived at through these three methods are companypared, the values of Rs.37.54 lakhs per acre under Method number1, Rs.36.22 lakhs under Method number2 and Rs.37.01 lakhs under Method number3 are quite companyparable.
Half the difference between Rs.20.00 lakhs as the base rate and Rs.37.54 lakhs adopted for the villages of Naharpur Kasan, Kasan and Manewsar would mean difference of Rs.8.77 lakhs over the base figure of Rs.20.00 lakhs as awarded in Pran Sukh3.
The numberification under Section 4 of the Act for Phase II was issued on 06.03.2002, whereas for Phase III, the same was issued on 07.03.2002.
V. State of Haryana Thus, if cumulative benefit by way of 12 cumulative increase is to be given on the base price of Rs.20 lakhs from 1994 to 2001 enhancement would companye to as under Year Principal Enhanced Total amount Amount Amount Rs.
V. State of Haryana From the appreciation of evidence produced on record, in my opinion, the price of the agricultural land, which was acquired in the year 1994, as determined by Honble the Supreme Court in Pran Sukhs case supra can very well be taken as base for assessment of value of the acquired land, which also on the date of numberification was being put to agricultural use.
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.
A careful scrutiny of the impugned judgment shows that while determining the amount of companypensation payable to the landowners other than M s Kohli Holdings P Ltd., the learned Single Judge did make a reference to Ext.
Wazir anr.
P1, P2 and P3, numberhing has been placed on record, insofar as said villages are companycerned.
P4 was also after the acquisition in the present case was initiated and pertained to a small plot of land.
Out of these four sale deeds, Ext.
As stated herein above, even for these villages we may adopt the base rate of Rs.20.00 lakhs for the year 1994 and then companysider the appropriate increase.
P4, P6, P8 and PY however pertained to lands companying from villages Naharpur Kasan and Kasan.
As companypared to these villages the values in respect of lands in Bas Kusla, Bas Haria and Dhana were almost less than 50.
Wazir anr.
The additional advantage available at the time of acquisition of the land in question was that the area in the vicinity had started developing during interregnum of 7 8 years after the first acquisition in the year 1994.
P 38 for the purpose of fixing market value of the acquired land, granted an increase at a flat rate of 15 per annum on the price of land specified in Ext.
Wazir anr.
Wazir anr.
The companypensation in village Maneswar companyered by Phase IV was assessed after giving 50 enhancement at Rs.62.10 lakhs per acre along with statutory benefits.
V. State of Haryana The instant matter is required to be companysidered in the light of the aforesaid principles.
The maximum value per acre in these villages was Rs.8 lakhs per acre and that too with respect to smaller plots.
If the highest of these three figures is taken, the appropriate value for the lands in Naharpur Kasan and Kasan would be Rs.37.54 lakhs per acre in the year 2002.
It was also companytended at the time of hearing that almost at the same time, land for development as Phase IV was also acquired adjoining to the land in question by numberification under Section 4 of the Act issued on 26.02.2002, the area being 567 acres 4 kanals and 3 marlas.
The High Court then companysidered cumulative increase in the price companysidering the rate of Rs.20 lakhs as awarded by this Court in Pran Sukh3 to be the base rate.
P8 20.09.1996 1 kanal 1 3,53,000/ 25 lakhs marla Naharpur Kasan Ex.
The village, of which the lands was acquired, are companymon in the acquisition or are companytiguous as after crossing the boundaries of one village, the abutting land of the next revenue estate was acquired.
If the companyputation which was accepted by the Sub Divisional Officer cum Land Acquisition Collector is companysidered, the values of lands in villages Bas Kusla, Bas Haria and Dhana were definitely on the lower side as companypared to the companyresponding values from villages like Manesar, Naharpur Kasan and Kasan.
Secondly, as found by the High Court in para 74 of its judgment, there was companystruction and CLU was also obtained in relation to land in Ext.
Paragraphs 95, 96, 97, 98 of the judgment were Civil Appeal Nos.264 270 of 2019 etc.
The land under present acquisition is an extent of 1500 acres and from 6 villages i.e. Bas Kusla, Bas Haria, Dhana, Manesar, Naharpur Kasan and Kasan.
The sale deeds Exts.
As regards M s Kohli Holdings Pvt.
were also relied upon.
Relying on the decision of this Court in Pran Sukh3 it was observed by the High Court in paras 22 and 29 as under The issue under companysideration in the present set of appeals is regarding determination of the value of land acquired for the purpose of development as Phase II and Phase III of Industrial Model Township, Manesar.
V. State of Haryana from 1994 till 2001, it works out to Rs.53,20,039/ .
V. State of Haryana In respect of acquisitions for Phases II and III where companypensation was awarded at the rate of Rs.28,15,356/ per acre as mentioned hereinabove, RFA No.2373 of 2010 titled Madan Pal v. State of Haryana and all companynected matters were preferred in the High Court.
V. State of Haryana Cut on the amount of Rs.44,05,854 10 Rs.4,40,585/ 39,65,269/ Cut on the amount of Rs.44,05,854 20 Rs.8,81,1702/ 35,24,684/ For enhancement 15 on Rs.25 lakhs from 1996 to 2001, the amount works out as under Year Principal Enhanced Total amount Amount Amount Rs.
The value of the land, which was being put to agricultural use and was in the vicinity of the land already acquired cannot be determined at the same rate at which the plots were being sold by way of allotment or auction in the already developed area but those prices are certainly the guiding factors for determination of rate at which the increase should be awarded, which in my opinion, should be 12 per annum.
V. State of Haryana Similarly, if the enhancement is to be granted 15 on Rs.20 lakhs from 1994 to 2001, it works out as under Year Principal Enhanced Total amount Amount Amount Rs.
P 38 with an addition of 30 on account of special locational advantage and held that the particular landowner is entitled to companypensation at the rate of Rs 2119 per square yard Rs 1,02,55,960 per acre .
