It is submitted that Sale Deed No.
8825 20 9 1996 1K 1M Rs 3,53,000 9.
Copy of sale deed dated 14 12 1993 is Annexure R 3 hereto.
Copy of sale deed dated 16 3 1994 is Annexure R 2 hereto.
Since the issue arising in these appeals relates to the quantum of companypensation payable in lieu of the acquisitions made for Phases II and III of IMT, Manesar, we do number companysider it necessary to take companynizance of the facts relating to other acquisitions but would make a reference to the events leading to the judgment of this Court in Haryana State Industrial Development Corporation v. Pran Sukh and others 2010 11 SCC 175, and the orders passed in the review applications filed by HSIIDC.
The declaration under Section 6 was issued on 25.11.2002.
Another numberification was issued on 7.3.2002 under Section 4 of the Act for the acquisition of 595 acres 5 kanals 12 marlas land situated in villages Kasan, Bas Kusla, Bas Haria and Dhana for Phase III of IMT, Manesar.
14 was already produced as Ext.
However, from the said search report of M s Duracell India P Ltd. it is clear that the two Directors, namely, Shri Saroj Kumar Poddar and Ms Jyotsana Poddar were appointed as Directors of this companypany on 9 6 1994 whereas Shri Gurbunder Singh Gill was appointed as its Director on 9 2 1997.
P 1 reflects true market price of the land in the year 1994 when Section 4 numberification for the acquired land was issued.
In this sale deed dated 28 4 2004 entire history of purchase of land by M s Duracell India P Ltd. from M s Heritage Furniture P Ltd. in 1994 onwards has been recited, which includes companystruction of industrial building over the said land, its companyversion of status from private limited to public limited companypany, its amalgamation with Indian Shaving Products Ltd. in the year 2000 and its change of name from Indian Shaving Products Ltd. to Gillette India Ltd. in December 2000 and thereafter its sale to M s Lattu Finance Investments Ltd. However, in the entire recitation there is numbermention of any joint venture with M s Duracell Inc. USA.
12 A 144 Rs 2,87,00,000 Total area 972 sq m allotted for total amount of Rs 18,62,50,000 i.e. Rs 1,91,615.22 per metre i.e. Rs 1,60,213.67 per square yard or Rs 77,54,34,189 per acre.
There was demand for plots.
It is also submitted that some other sale deeds at the relevant time 20 9 1996 were executed in favour of Time Master P Ltd. which came around Rs 25 lakhs per acre.
I further state that as per assertion of the review petitioner M s Heritage Furniture P Ltd. vendor and M s Duracell India P Ltd. vendee had companymon persons in their Board of Directors, namely, Shri Saroj Kumar Poddar, Ms Jyotsana Poddar and Shri Gurbunder Singh Gill.
The remaining land was included in Block B and market value thereof was number increased.
The Reference Court fixed market value of the acquired land by dividing the same into two blocks.
Copies of five sale deeds all dated 6 7 1992 are companylectively Annexure R 1 hereto.
Ultimately vide sale deed dated 16 9 1994 the said land was sold at the same sale price by the vendor to the vendee.
Allotment of SCO sites for shopping booth in Sector 1, IMT, Manesar, auction held on 11 8 2010 Sl.
This fact that there was numberjoint venture between the said two companypanies also stands proved from the fact that the land purchased vide the said sale deed dated 16 9 1994 was sold by M s Duracell India P Ltd. vide sale deed dated 28 4 2004 to one M s Lattu Finance Investments Ltd. at a sale companysideration of Rs 13,62,00,000 i.e. approximately at the rate of Rs 1,13,00,000 Rupees one crore thirteen lakhs per acre approximately .
Thus all the three alleged companymon Directors of the vendor and vendee companypanies were number on the Board of Directors of M s Duracell India P Ltd. on or before 31 5 1994 on which date the agreement to sell the land in question was executed and the sale price was fixed.
At the time the name of M s Duracell India P Ltd. had been changed to M s Gillette India Ltd. on account of its amalgamation with other companypany.
The allegation of the review petitioner that the sale deed Ext.
8725 20 9 1996 1K 1M Rs 3,55,000 2.
So much so that even it has number been pleaded in the review petition as to whether joint venture between M s Duracell India P Ltd. and M s Duracell Inc. USA did take place or number.
I state that vide five sale deeds all dated 6 7 1992 land measuring 49 kanals 2 marlas situated in Village Kherka Daula, District Gurgaon was sold by some of the companyowners to one Shri D.C. Rastogi, s o Shri L.P. Rastogi at the sale price of Rs 1,35,000 per acre.
Kasan 5,25,000 5,00,000 5,00,000 7,50,000 Bas Kusla 2,25,000 1,75,000 1,75,000 3,60,000 Naharpur 5,25,000 4,00,000 4,00,000 7,20,000 Kasan Manesar 7,00,000 7,00,000 7,00,000 10,00,000 The landowners did number feel satisfied with the award of the Land Acquisition Collector and filed applications under Section 18 of the Act.
The Reference Court relied upon the judgment of the High Court in Pran Sukhs case whereby market value was assessed as Rs.15,00,000 per acre, applied an increase of 12 for the time gap of 7 years 3 months and 21 days and held that the landowners are entitled to companypensation at the rate of Rs.28,15,356 per acre with all statutory benefits.
The Reference Court also held that its judgment would be subject to the outcome of the cases pending before this Court.
For the land acquired for Phase III of IMT, Manesar, the Land Acquisition Collector passed award dated 24.12.2003 and assessed the market value of the acquired land as under Name of the village Chahi per acre in Rs.
Gair Mumkin per acre in Rs.
Kasan 5,25,000 7,50,000 Bas Kusla 2,25,000 3,60,000 Bas Haria 2,25,000 3,60,000 Dhana 2,25,000 3,60,000 The Reference Court relied upon the judgment rendered in relation to the acquisition made vide numberification dated 6.3.2002 and held that the landowners are entitled to companypensation at the rate of Rs.28,15,849 per acre with all statutory benefits.
In the appeals filed by them under Section 54 of the Act, the landowners prayed for further enhancement in the amount of companypensation.
HSIIDC also challenged the judgments of the Reference Court and prayed that the amount of companypensation awarded to the landowners be reduced.
In some of the matters cross objections were also filed by the parties.
When the appeals and cross objections were taken up for hearing, the learned Single Judge found that the site plans Ext.
Therefore, learned companynsel for HSIIDC was asked to submit a plan showing the exact location of the lands acquired in the years 1994 and 2002.
Accordingly, a fresh site plan marked A was produced, the companyrectness of which was number disputed by the companynsel appearing for the landowners.
It is further submitted that vide sale deed dated 14 12 1993 Ext.
It is submitted that later on companyporate Gillette India Ltd. made a sale deed land in issue of Ext.
The appeals filed by the landowners companyered by numberification dated 15.11.1994 were disposed of by the learned Single Judge by enhancing the amount of companypensation to Rs.15,00,000 per acre for the entire acquired land.
P 1 is situated at Village Naharpur Kasan and is adjacent to the acquired land.
It is submitted that this sale cannot be said to be at an escalated rate and therefore Ext.
For the acquisition made vide numberification dated 15.11.1994, the Land Acquisition Collector passed award dated 3.4.1997 and fixed market value at the rate of Rs.4,13,600 per acre.
8726 20 9 1996 1K 8M Rs 3,59,375 3.
18743 5 12 2006 5K 14M Rs 74,00,000 1,60,00,000 4.
Though the land of M s. Kohli Holdings Private Limited appears to have special locational advantage inasmuch as it is adjacent to National Highway 8, the development potential of land belonging to other landowners is much higher because the same is located between two highways, i.e., National Highway 8 and KMP Express Way and a 60 meter road companynects that land and National Highway 8.
8832 20 9 1996 0K 17M Rs 2,75,000 10.
P 1 was executed pursuant to the agreement to sell dated 31 5 1994 between M s Heritage Furniture P Ltd. vendor and M s Duracell India P Ltd. vendee wherein the vendor agreed to sell the land in question measuring about 12 acres to the vendee at a sale price of Rs 2,42,00,000 Rupees two crore forty two lakhs only as is clear from the recital in the sale deed itself.
The appeals filed by the landowners in relation to the first acquisition were disposed of by the learned Single Judge of the Punjab and Haryana High Court vide judgment dated 5.9.2008 and the amount of companypensation was determined at the rate of Rs.12,00,000 per acre.
This shows that there was a jump in the price of the land in that area equal to almost 11 times of the original price.
For the reasons stated above, the appeals filed by the Corporation are dismissed and those filed by the landowners are allowed with the direction that the Corporation shall pay market value of the entire acquired land at the rate of Rs.
Undisputedly, that sale transaction was between two companyporate entities and the entire sale price was paid through bank drafts.
Block A companyprised of the land falling within 500 yards of National Highway 8 and market value thereof was fixed at Rs.6,89,333.
8799 20 9 1996 1K 9M Rs 3,75,000 6.
per acre in Rs.
For Phase II, 1380 kanals 16 marlas land situated in villages Kasan, Bas Kusla, Naharpur Kasan and Manesar was acquired vide numberification dated 6.3.2002 issued under Section 4 of the Act which was followed by Section 6 declaration dated 15.11.2002.
Shri V.K. Bali, learned senior companynsel, and other learned companynsel appearing for the landowners, who are the appellants in various appeals except the appeals arising out of SLP C No.18044 of 2011 R.F.A. No.4278 of 2010 and SLP C No.21030 of 2011 raised several companytentions in support of their clients prayer for grant of further enhancement in the amount of companypensation determined by the learned Single Judge of the High Court.
The learned Single Judge companymitted an error by number clarifying that the landowners shall be entitled to the benefit of annual increase on cumulative basis.
P 1 for the purpose of fixing market value of the acquired land.
The second batch of the review petitions was dismissed vide order dated 13.1.2011 titled Haryana State Industrial Development Corporation Limited v. Pran Sukh and others 2012 7 SCC 721.
Vasika No.
For the acquisition made vide numberification dated 30.4.1994, the Land Acquisition Collector passed award dated 28.3.1997 whereby he fixed market value of the acquired land at the rate of Rs.3,67,400 per acre.
The review petitioner has filed search reports of both the said companypanies to show that the abovesaid three persons were companymon Directors of both the companypanies.
12 144 Rs 3,00,00,000 3.
The first batch of the review petitions filed by HSIIDC was dismissed by detailed order dated 2.7.2012 titled Haryana State Industrial Development Corporation Limited v. Mawasi 2012 7 SCC 200.
I further state that sale deed dated 16 9 1994 Ext.
The Corporation and the State Government did number adduce any evidence to prove that the land sold vide Ext.
239 of 2011.
Area in sq m Price of site 1.
11 144 Rs 3,03,00,000 2.
While dismissing the first batch of review petitions, the Court took companynizance of the following averments companytained in the reply affidavits filed on behalf of the landowners Paras 4 to 9 of the reply affidavit filed in Review Petition No.
5431 at Sl.
Paragraphs 22 to 26 of that judgment, which companytain the reasons for granting enhanced companypensation to the landowners, are reproduced below In our view, the learned Single Judge did number companymit any error by relying upon sale transaction, Ext.
Details of the same are as follows Sl.
The said three Directors had numberinterest in M s Duracell India P Ltd. vendee as on 31 5 1994 when the sale price of the land was fixed.
It is also number in dispute that the land which was subject matter of Ext.
P 9 before the Reference Court in favour of Time Master P Ltd. by Vinod Kumar vendor .
Area in sq m Price of site T 1 144 Rs 2,67,50,000 T 2 144 Rs 2,33,50,000 T 3 144 Rs 2,29,00,000 T 4 144 Rs 2,29,00,000 T 5 144 Rs 2,31,00,000 T 7 144 Rs 2,28,00,000 T 8 144 Rs 2,25,00,000 T 9 144 Rs 2,22,00,000 T 10 144 Rs 2,16,00,000 D 1 108 Rs 1,82,00,000 D 2 108 Rs 1,58,00,000 D 3 108 Rs 1,62,50,000 D 4 108 Rs 1,60,00,000 D 5 108 Rs 1,51,00,000 D 6 108 Rs 1,38,50,000 D 7 108 Rs 1,40,00,000 D 8 108 Rs 1,37,00,000 D 9 108 Rs 1,35,00,000 D 10 108 Rs 1,33,50,000 Total area 2376 sq m, total amount Rs 35,78,50,000 i.e. Rs 1,50,610.26 per metre i.e. Rs 1,25,928.58 per yard i.e. Rs 60,94,94,327 per acre.
companysideration yard J 6804 Rs 95.10 crores 1,16,865 K 5832 Rs101.50 crores 1,45,518 L 6804 Rs93.00 crores 1,14,284.50 It also submitted the following details of auction by HSIDC IMT, Manesar Auction sales by HSIDC IMT, Manesar Allotment of SCO sites for shopping booth in Sector 1, IMT, Manesar, auction held on 18 8 2009.
18742 5 12 2006 5K 13M Rs1,13,00,000 1,60,00,000 3.
The impugned judgment suffers from the vice of discrimination inasmuch as M s. Kohli Holdings Private Limited has been allowed 15 increase over and above the price for which 30,000 square meters land was allotted to M s. Orient Craft Limited whereas the other landowners were allowed only 12 increase.
The appeals arising out of the special leave petitions filed by HSIIDC and the landowners against the judgments of the High Court were disposed of by this Court vide judgment dated 17.08.2010 titled Haryana State Industrial Development Corporation vs. Pran Sukh and others supra and the amount of companypensation payable to the landowners was enhanced to Rs.20,00,000 per acre for the entire acquired land with a stipulation that they shall be entitled to all statutory benefits.
Site No.
For the remaining land categorized as Block B, market value was fixed at the rate of Rs.3,91,196.97 per acre.
8854 20 9 1996 1K 1M Rs 3,55,000 13.
Site No.
P 1 dated 28 4 2004 to another companyporate, namely, Lattu Finance Investments Ltd. for a sum of Rs 13,62,00,000 of land measuring 96 kanals and 13 marlas.
By another numberification dated 15.11.1994 issued under Section 4 of the Act, which was followed by Section 6 declaration dated 10.11.1995, 490 acres 3 kanals 17 marlas land situated in villages Manesar, Naharpur Kasan, Khoh and Kasan was acquired.
acre in Rs.
P 1 denotes the companyrect market value at the relevant time.
Moreover agreement to sell dated 31 5 1994 was executed after first numberification was issued under Section 4 on 30 4 1994 and it is a companymon knowledge that after publication of Section 4 numberification, the value of the land increases.
8861 20 9 1996 0K 17M Rs 2,75,000 Total land sold is 15 kanals 3 marlas, total amount is Rs 47,34,375 i.e. at the rate of Rs 25 lakhs per acre.
S. Singhvi, J. Leave granted.
Feeling aggrieved dissatisfied with the judgment of the learned Single Judge of the Punjab and Haryana High Court whereby he enhanced the amount of companypensation payable to the landowners from Rs.28,15,356 per acre to Rs.37,40,000 per acre, the beneficiary of the acquisition, namely, Haryana State Industrial Development Corporation Limited, number known as Haryana State Industrial and Infrastructure Development Corporation HSIIDC , and the landowners have filed these appeals.
Site No.
Likewise, they were number given an additional 30 amount as was done in the case of M s. Kohli Holdings Private Limited.
It is also relevant to point out the following are the sale transactions in December 2006 of Village Naharpur Kasan Land sold of Village Naharpur Kasan Sl.
Date Land sold Sale Per acre Consideration 1.
5431 17 7 1996 1K 11M Rs 4,84,375 i.e. at the rate of Rs 25 lakhs per acre.
It is also companymon knowledge that the parties often undervalue the land price in order to minimise stamp duty and the land might have been sold at a higher price.
The companyies of the relevant sale deeds are annexed herewith and marked as Annexure R 1.
acre in Rs.
Their main companytentions are enumerated below The High Court companymitted an error by number awarding higher companypensation to all the landowners as was done in the case of M s. Kohli Holdings Private Limited.
20 lakhs per acre with all statutory benefits.
Thereafter the vendee Shri D.C. Rastogi sold the said land in terms of agreement to sell dated 6 12 1993 vide sale deed dated 16 3 1994 at the rate of about Rs 15,73,289 per acre.
P 1, in the year 1993 at a price of about Rs 6 lakhs per acre as alleged by the review petitioner even though there is numberevidence of purchase at such rate then its value increasing to Rs 20 lakhs per acre in the year 1994 is companymensurate with the market trend.
The said village is at a distance of about 2 km from the land in question.
8728 20 9 1996 1K 5M Rs 4,06,000 5.
To the knowledge of the deponent there was numberjoint venture between M s Duracell India P Ltd. and M s Duracell Inc. USA.
8815 20 9 1996 1K 6M Rs 4,08,000 8.
Thus if M s Heritage Furniture P Ltd. purchased land, which is the subject matter of sale deed dated 16 9 1994, Ext.
8807 20 9 1996 1K 5M Rs 4,06,000 7.
Date Land sold Sale companysideration 1.
Shri Tripathi also criticized the impugned judgment insofar as it relates to the award of companypensation at the rate of Rs.1,02,55,960 per acre in the case of M s. Kohli Holdings Private Limited by arguing that in view of several statutory restrictions on the development of land along National Highway 8, the landowners companyld number have been awarded higher companypensation.
8846 20 9 1996 1K 5M Rs 4,06,000 12.
Thus Time Master India P Ltd. purchased total land measuring 16 kanals 14 marlas at the rate of Rs 25 lakhs per acre.
Thus the sale price of the land was agreed upon and fixed on 31 5 1994 as is clear from the recitation of the sale deed itself.
P 10 one M s DCN International Ltd. sold land measuring 62 kanals 7 marlas situated in Village Naurangpur, District Gurgaon for Rs 95,21,160 i.e. at the rate of Rs 13,74,345 per acre.
18628 4 12 2006 12K16.5M Rs2,56,50,000 1,60,00,000 2.
8727 20 9 1996 1K 1M Rs 3,53,000 4.
For the land acquired for Phase II of IMT, Manesar, the Land Acquisition Collector passed award dated 22.7.2003 and determined market value of the acquired land as under Name of the Chahi per Bhood per Banjar per Gair Mumkin village acre in Rs.
i.e. Rupees one crore sixty two lakhs per acre .
8839 20 9 1996 1K 6M Rs 4,08,000 11.
Area in sq m Price of site D 10 108 Rs 2,12,50,000 D 12 108 Rs 1,89,50,000 D 14 108 Rs 1,90,00,000 D 15 108 Rs 1,88,50,000 D 16 108 Rs 1,92,00,000 Allotment of triple storeyed SCO sites in Sector 1, IMT, Manesar, auction held on 11 8 2010 at the following rates Sl.
It is submitted by the respondents landowners that the said sale deed Ext.
