High Court of Punjab and HaryanaRFA/236/2018allowed

Financial Commissioner And Principal Secy. To Govt. Of Hry Irrigation Dept. And Others v. Attaulla Khan And ORS

2021-09-23Mr. Justice Anil Kshetarpal12 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA-236-2018 (O&M) and 137 connected appeals Date of decision: 23.09.2021 FINANCIAL COMMISSIONER AND PRINCIPAL SECY. TO GOVT. OF HRY, IRRIGATION DEPT. AND OTHERS ..Appellants

Versus

ATTAULLA KHAN (DECEASED) THR LRS AND ORS ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Arjun Atri, Advocate Mr. Ashish Gupta, Advocate Mr. Rajiv Sharma, Advocate Mr. Aditya Jain, Advocate Mr. Rakesh Dhiman, Advocate for the land owners.

Mr. Arun Beniwal, DAG, Haryana.

Mr. Shivendra Swaroop, AAG, Haryana.

Ms. Vibha Tewari, AAG, Haryana.

*** ANIL KSHETARPAL, J (Oral) This judgment shall dispose of 138 regular first appeals detail whereof is given at the end of the judgment, filed by the land owners as well as the State of Haryana assailing the correctness of the three connected awards passed on 19.08.2017, 12.09.2017 and 03.04.2018 by the Reference Court.

The Reference Court has enhanced the market value of the

acquired land from to Rs.63,36,315/- from Rs.22,00,000/- as assessed by the Land Acquisition Collector. Thus, the Court has enhanced the market value of the acquired land by Rs.41,36,315/- per acre. On 18.11.2013, the State of Haryana with a view to utilise the land for constructing a reservoir for irrigation purpose in the Kotla depression located within the area of Village Aakera, Tehsil Nuh, District Mewat, issued a notification under Section 4 of the Land Acquisition Act, 1894. The Land Acquisition Collector assessed the market value of the acquired land measuring 107.1625 acres @ Rs.22,00,000/- per acre vide award No.1 dated 30.01.2015.

On the applications of the land owners, the matters were referred to the Reference Court for determination of the market value of the acquired land. The parties were permitted to lead the evidence. The land owners as well as the State of Haryana produced certified copies of the various sale deeds in support of their respective claims.

Heard the learned counsel for the parties at length and with their able assistance perused the awards passed by the Reference Court and the requisitioned record of the Reference Court.

At the outset, it is shocking that the Reference Court has not even referred to the documentary evidence (copies of the sale deeds) produced by the State of Haryana. The State has produced and proved the

copies of the following sale deeds:- Sr.

No.

Village Ex.

No.

Sale deed no. and date Area Amount in Rs.

Price/Acre Distanc e (in km) Annexure Akera R-1 4675 22.02.2013 16k 1m 4200000/- 2093457/- 1.58 km Crow fly distance Agriculture land Akera R-2 2628 21.08.2013 5k 10m 1444000/- 2100363/- 0.50 km Crow fly distance Agriculture land Akera R-3 3211 25.09.2013 6k 1581600/- 2108800/- 3.67 km Crow fly distance Agriculture land Akera R-4 2615 21.08.2013 10k 5 m 2691000/- 2100292/- 3.67 km Crow fly distance Agriculture land Akera R-5 4072 10.01.2013 6k 1m 460000/- 59S373/- 3.59 km Crow fly distance Agriculture land The learned counsels were given opportunity to verify this fact from the record. They, after going through the record, have stated that the sale deeds referred to above have not been adverted to by the Reference Court.

While determining the market value, the Court is required to assess 'just', 'appropriate' and 'adequate' market value on the basis of evidence led by the parties. Once it is not in dispute that the learned Reference Court has failed to take note of the documentary evidence led by the State, this

Court is left with no choice except to set aside the awards given by the Reference Court. Hence, all the appeals filed by the land owners as well as the State of Haryana are allowed; the various awards under challenge are set aside; and the matters are remitted back to the Reference Court. The Reference Court is requested to decide the matter afresh after granting opportunity to the parties to lead any further evidence, if prayed for within a period of 9 months from the date fixed for appearance of the parties. The parties through their counsels are directed to appear before the Reference Court on 08.10.2021. The record be remitted to the Reference Court forthwith.

All the pending miscellaneous applications, if any, are also disposed of.

23.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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