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Judgment
Rajesh Bindal, J.—This order will dispose of bunch of 75 appeals arising out of same acquisition. The land owners are in appeal seeking further enhancement of compensation for the acquired land whereas the State is in appeal challenging the award of learned Court below praying for reduction in the amount of compensation awarded.
Brief facts are that the State of Haryana acquired 486.61 acres of land pertaining to village Mewla Maharajpur, Hadbast No. 4, Tehsil and District Faridabad, vide notification dated 7.9.1992 issued u/s 4 of the Land Acquisition Act, 1894 (for short ''the Act''). The land in question was acquired for public purpose namely for development and utilization thereof as residential, commercial and institutional Sector 44 and 47 at Faridabad by the Haryana Urban Development Authority. The Land Acquisition Collector (for short ''the Collector'') assessed the compensation @ Rs. 1,96,000/- per acre for all kinds of land. The land owners being dissatisfied with the award filed objections which were referred to the learned Court below. Considering the material brought on record by the parties, learned Court below vide judgment dated September 2, 1998 assessed the compensation for the acquired land @ Rs. 325/- per square yard.
Being dissatisfied with the award both, the land owners as well as the State, filed appeals before this Court. The appeals filed by the land owners were dismissed whereas those of State were accepted by the learned Single Bench of this Court vide judgment dated 7.7.1999 by reducing the amount of compensation from Rs. 325/- per square yard to Rs. 90/- per square yard. In Letters Patent Appeal the judgment of learned Single Bench was upheld by Division Bench of this Court. The land owners still being dis-satisfied preferred appeals before Hon''ble the Supreme Court.
Hon''ble the Supreme Court considering merit in the contentions raised by the land owners, while setting aside the judgments of this Court, remitted the matter back to the reference Court for redetermination of compensation. On fresh consideration the learned Court below determined the amount of compensation at Rs. 238/- per square yard.
The bunch of appeals being decided by this Court contain two set of cases namely the appeals filed by the land owners as well as the State impugning the award of learned Court below granting compensation at the rate of 325/- per square yard, whereas second set of cases pertain to the challenge to the award of learned Court below awarding compensation of Rs. 238/- per square yard, which was passed after re-consideration of the matter, on a remand by Hon''ble the Supreme Court.
Considering the fact that the issue under consideration before this Court is for determination of fair amount of compensation for the land acquired vide notification dated 7.9.1992 and the fact that the appeals filed by the State as well as the land owners against the award of the learned Court below passed after the remand of the cases by Hon''ble the Supreme Court, have already been decided by this Court vide detailed judgment passed in RFA No. 4438 of 2008 State of Haryana and Anr. v. Sailak Ram and Ors. decided on 1.9.2009, this Court is proceeding to decide all the cases on merits instead of remanding the first batch of cases back to the learned Court below in terms of judgment of Hon''ble the Supreme Court. Learned Counsel for the parties also prayed for the same.
The counsel for both the parties are agreed that the issues raised in the present set of appeals are squarely covered by the judgment of this Court in Sailak Ram''s case (supra) wherein the amount of compensation for the land acquired vide same notification has been determined at Rs. 280/- per square yard.
For the reasons stated in the aforesaid judgment, the present set of appeals are disposed of in the same terms.