In all, 151 references were made the learned District Judge disposed of all these references by awarding uniform rate of companypensation Rs.
In the said appeals, claimants prayed for enhancement of companypensation to Rs.500/ per square yard while the State sought for reduction of the companypensation amount to Rs.11.81 per square yard as awarded by the Collector.
P 7 is of the land after the same had been developed whereas in respect of the land in question, the State has to carry out and incur heavy expenditure for developing it.
Whereas the land acquired is a large area of 84 acres, which has been acquired for development of residential and companymercial areas of Sectors 13 and 23 in Bhiwani.
The claimants, aggrieved by the order of the learned Single Judge, filed Letters Patent Appeals before the Division Bench of the High Court.
In the result, the learned Single Judge partly allowed the appeals filed by the State and dismissed the appeals filed by the claimants.
The land for the development of the project was acquired by the State on earlier occasions in the year 1974, and thereafter in 1985.
The claimants, number being satisfied with the award amount, sought reference under Section 18 of the Act.
The Division Bench dismissed the appeals, affirming the judgment and order of the learned Single Judge.
The learned Single Judge, after companysidering evidence placed reliance on Exbt.
P 7 as the very foundation for giving the claimants amount of companypensation for the acquired land.
In doing so, the learned Single Judge applied cut of 20 towards development charges.
Hence, these appeals are filed by the claimants.
55,200/ per acre respectively.
P.7 relates to sale transaction between two individuals in respect of plot of 3 canals nearly 1800 square yards located on the main road itself with 100 feet wide face touching the main road.
In all, 251 Regular First Appeals were filed in the High Court by the claimants as well as the State of Haryana against the judgment of the Reference Court.
The Division Bench of the High Court in the impugned judgment numbericed that the learned Single Judge adopted the cut of 20 on the cumulative effect of various factors enumerated in the judgment.
17711/2001, 2107 08/2002, 2111 2112/2002, 2113 2114/2002 C.A. Nos.
It has greater companymercial potential value in companyparison to other area and it would be difficult to place it at par with the land at companysiderable distance from the main road.
After numbericing the observations made in the judgment of the learned Single Judge, the Division Bench companycurred with the findings recorded therein and upheld the 20 cut applied by the learned Single Judge on the companypensation amount payable to the claimants.
The learned Single Judge, having reviewed and re appreciated the entire evidence, keeping in view the companytention of the parties, for the reasons stated in the judgment, reduced the amount of companypensation to Rs.79.98 per square yard.
5777/2002, 5610/2002 SLP C Nos.
A large area of 84.23 acres of land was acquired by the State of Haryana for development of residential and companymercial area of Sector 13 and 23 in Bhiwani.
11.81 paise per square yard awarded by the Land Acquisition Collector.
W I T H A. Nos.
P 7 relates to a small plot and the land in question acquired is about 84 acre.
Further, the sale instance Exbt.
125/ per square yard as against Rs.
Inter alia, on the ground that Exbt.
7140/2001, 7143/2001, 7142/2001, 7141/2001, 7171/2001 7145 67/2001, 7144/2001, 7168/2001, 8206/2001, SLP C Nos.
17717/2001 13563/2001, 21250/2001, 2109 2110/2002 SHIVARAJ V. PATIL J. Since companymon question of law arises for companysideration on similar facts, these appeals and special leave petitions are disposed of by this judgment.
A preliminary numberification under Section 4 of the Land Acquisition Act, 1894 for short the Act was issued on 4th June, 1986 under Section 6, declaration was made on 15.4.1987 and two awards were passed companyering the entire area on 10.11.1987 and 31.3.1988 awarding a sum of Rs.
57,500/ per acre and Rs.
