LAWS(P&H)-2016-2-445

DALIP SINGH AND ANOTHER Vs. STATE OF HARYANA

Decided On February 09, 2016
Dalip Singh and Another Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) These 18 connected appeals bearing Regular First Appeal Nos.1526 to 1539, 1575, 1720, 1964, 6218 of 2012, all filed by the land owners which are directed against the impugned award dated 23.12.2011 passed by the learned reference Court, are being decided together, as all these appeals arise out of the same acquisition and raise identical questions of law and facts. However, for the facility of reference, facts are being culled out from RFA No.1526 of 2012 (Dalip Singh and another Vs. State of Haryana).

(2.) Facts are hardly in dispute. Land measuring 31 kanals, 15 marla was sought to be acquired by the State of Haryana for construction of Traffic Police Station, Jind. Accordingly, notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') came to be issued on 27.06.2007, which was followed by notification dated 07.04.2008 under Section 6 of the Act. Land Acquisition Collector, vide his award No.15 dated 18.11.2009 granted the compensation to the land owners at the rate of Rs.15,00,000/- per acre without adopting any belting system. Dissatisfied, land owners filed their objections under Section 18 of the Act and as a consequence thereof, land references were forwarded, which came to be dismissed by the learned reference Court vide its common award dated 23.12.2011. Feeling aggrieved, land owners have approached this Court by this set of 18 appeals seeking enhancement in the compensation for their acquired land.

(3.) The purpose to rely upon or ignore any particular sale deed is only to assess the market value of the acquired land at the time of its acquisition. It is also an established principle of law that each case is to be decided on the basis of its peculiar facts and circumstances. The object before the Court is to make every possible endeavour to find out the truth with a view to do complete and substantial justice between the parties. As held by the Hon'ble Supreme Court in Mehrawal Khewaji Trust (Regd.), Faridkot and others Vs. State of Punjab and others, 2012 5 SCC 432 , the land owners are entitled to receive the best price for their acquired land.