The appellants challenged the award of the Reference Court by filing separate appeals under Section 54 of the Act.
He divided the acquired land in the following three categories Sr.
8386/2006.
Village Nehri Barani G.M. Total Area in Acres K M K M K M K M K M Phulokhari 518.02 1724.01 60.17 2303.00 287.875 Kanakwal 4002.08 6165.12 140.06 10308.06 1288.5375 Ramsra 1848.08 1318.03 76.17 3243.08 405.425 Raman 40.11 41.18 3.09 85.18 10.7375 Total 6469.09 9219.14 281.09 15940.12 1992.575 For the aforesaid three categories of land, the Land Acquisition Collector fixed market value at Rs.3.50 lacs per acre, Rs.2.75 lacs per acre and Rs.5 lacs per acre.
Without prejudice to the claims involved, let the petitioners deposit Rs.7,50,00,000/ Rupees Seven Crores and fifty lakhs only in the trial companyrt.
Name of Kind of land No.
Thereupon, the Company filed Special Leave Petition Civil No.
While the Company questioned the clubbing of Nehri Chahi land with Barani and tube well irrigated land and creation of new category i.e., land abutting metalled road, the land owners claimed that companypensation awarded by the Reference Court was number just and equitable and they were entitled to higher market value.
We feel interest of justice would be best served if the amount deposited is permitted to be withdrawn by the land owners on furnishing such security, as may be fixed by the Trial Court.
By the impugned judgment, the learned Single Judge negatived the Companys challenge to the belting of the land by recording the following reasons It cannot be disputed that the area abutting a road certainly has a better value as companypared to the area falling behind it.
Dissatisfied with the companypensation awarded by the Land Acquisition Collector, as many as 131 land owners filed applications under Section 18 of the Act.
Let the Regular First Appeals be heard by the High Court.
While issuing numberice in the appeals, interim protection was denied.
Both the special leave petitions were finally disposed of on 22.4.2008 in the following terms These special leave petitions are against interim orders passed by the Punjab and Haryana High Court.
3,75,000/ per acre, whereas other part of the land behind that has been assessed at Rs.
While issuing numberice on 12.5.2006, this Court passed the following order Issue numberice.
7,60,000/ per acre.
The amount shall be invested in fixed deposit in a nationalised bank initially for a period of six months.
There shall be interim stay of the impugned order subject to the aforesaid companydition.
Even otherwise, the benefit given by the learned companyrt below for the land on the road is very marginal as the same has been assessed at Rs.
Thereupon, the Collector made a reference to the Court of Additional District Judge, Bhatinda Reference Court .
A 22, land measuring 5 1/2 marlas to one kanal was shown to have been sold from Rs.
The special leave petitions are disposed of accordingly.
The High Court admitted the appeals but declined to stay the award of the Reference Court.
By order dated 12.05.2006, this Court, while issuing numberice, directed deposit of Rupees 7.5 crores with the Trial Court, to be invested in a nationalized Bank initially for a period of six months.
4,00,000/ per acre to Rs.
A perusal of sale deed dated 4.8.1997 Ex.
7,60,000/ per acre.
After companysidering the evidence produced by the parties, the Reference Court clubbed the land classified as Nehri Chahi with Barani and tube well irrigated land and fixed market value thereof at Rs.3.50 lacs per acre.
To state that valuation of the land either on the road or behind that should be at the same rate is totally misconceived.
4,35,000/ per acre to Rs.
Similar order was passed on 28.8.2006 in Special Leave Petition Civil No.
S. Singhvi, J. Leave granted.
These appeals by M s. Guru Gobind Singh Refineries Ltd. hereinafter referred to as, the Company , which is number known as HPCL Mittal Energy Limited, and the land owners are directed against judgment dated 22.10.2008 of the learned Single Judge of the Punjab and Haryana High Court whereby he declined to interfere with the valuation of the land and belting method adopted by the Reference Court but remanded the matter for reconsideration of the issue relating to categorization of the acquired land.
Since the main matter is pending before the High Court, we do number think it necessary to pass any further orders in the matter.
The Government of Punjab acquired various parcels of land situated in villages Phulokhari, Kanakwal, Ramsra and Raman, Tehsil Talwandi Sabo, District Bhatinda for setting up Oil Refinery and Liquid Fuel based Power Plant.
For Gair Mumkin land, the Reference Court maintained the market value fixed by the Land Acquisition Collector but carved out a new category i.e., land abutting metalled road except Gair Mumkin, going from Raman to Kalianwala via Gyan up to a depth of 500 meters and fixed its market value at Rs.3.75 lacs per acre.
The Land Acquisition Collector passed award dated 4.6.1999 for payment of companypensation to the land owners.
Notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894 for short, the Act was issued on 27.8.1997 in respect of 1995.82 acres land, but declaration under Section 6 was published only for 1992.575 acres land.
