Bhup Singh vs State of Haryana

Viney Mittal, J.

Vide notification dated December 31, 1992, issued under Section 4 of the Land Acquisition Act (for short, `the Act'') land belonging to the claimantland owners was intended to be acquired for a public purpose. The aforesaid land was situated on the Mehrauli road within the municipal limits of Gurgaon behind the Government College. Vide award dated January, 27, 1984, the Land Acquisition Collector assessed the market value of the acquired land at the rate of Rs. 60,000/ per acre for Chahi land and at the rate of Rs. 40,000/ per acre for Gair Mumkin land. The claimantland owners felt dis satisfied. They claimed a reference under Section 18 of the Act. Reference was accordingly made. During the course of reference proceedings before the learned Additional District Judge, the parties led their evidence.

The claimantland owners led evidence to show that the acquired land was situated on the Mehrauli Road within the municipal limits of Gurgaon behind the Government College. It was claimed that the market value of the acquired land was not less then Rs. 400/ per square yard.

The learned Additional District Judge, on the basis of a copy of an earlier award dated April 28, 1988, Ex.P2 held that the market value of the acquired land was liable to be determined at the rate of Rs. 42/ per square yard. Additionally, the claimantland owners were held entitled to the benefit of the amended provisions of the Act.

The claimantland owners have still felt dissatisfied and have approached this Court through the present appeal.

Shri C.B. Goel, the learned counsel for the claimantland owners has primarily relied upon a Division Bench judgment of this Court in RFA No. 2 of 1991 decided on September 30, 1997, Azad Singh v. The State of Haryana and another, 1998(3) R.C.R.(Civil) 340. On the basis of the aforesaid judgment, it has been contended that in Azad Singh''s case (supra) the land was acquired for the development of Sector 15 of in Gurgaon and this Court had approved the market value at the rate of Rs. 68/ per square yard in that case. Shri Goel has further brought to my notice that in Azad Singh''s case (supra) notification under Section 4 of the Act had been issued on November 17, 1982 and accordingly in the present appeal when the notification had been issued on December 31, 1982 and the land itself was situated within the municipal limits of Gurgaon, then there was absolutely no reason to grant any lesser value to the claimantland owners than that assessed in Azad Singh''s case (supra).

It has further been argued that in fact in Azad Singh''s case (supra), the land was situated in a (sic) and had been acquired for the development of Sector 15 in Gurgaon whereas the land in the present appeal was situated within the municipal limits of Gurgaon.

On the other hand, Shri R.D. Sharma, the learned Assistant Advocate General, Haryana has submitted that the assessment made by the learned Additional District Judge was absolutely legal and proper and was based on the material available on the record and, therefore, there was no scope for further enhancement.

I have given my thoughtful consideration to the rival contentions of the learned counsel for the parties.

In my considered opinion, the contention of Shri C.B. Goel, the learned counsel for the appellants is liable to be accepted. The record of the present appeal shows that the land in the present case was situated behind the Government College on Mehrauli Road. When the adjacement land in Azad Singh''s case (supra) which had been acquired for development of Sector 15 had been assessed at the rate of Rs. 68/ per square yard, then there is absolutely no reason as to why the claimantland owners in the present appeal be not awarded the similar compensation. The proximity of two notifications under Section 4 of the Act is also noticeable.

In view of the aforesaid discussion, I accept the present appeal and hold that the claimantland owners shall be entitled to have their acquired land assessed at the rate of Rs. 68/ per square yard. In addition, the claimant land owners shall also be entitled to the benefit of the amended provisions of the Act as per law.

No costs.