BASE EXPORTS PVT. LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present judgment shall dispose of 39 appeals i.e. RFA Nos. 3625 of 2014, 2522, 2538, 2757, 3134 to 3150, 3626 to 3637, 3659, 3675 of 2014, 953 of 2015 195, 705 and 706 of 2016 filed by the land owners since common questions of facts and law are involved in all the appeals.

(2.) Facts are being taken from RFA No. 3625 of 2014, M/s. Base Exports Pvt. Ltd. vs. State of Haryana and another.

(3.) The present appeal has been filed by the land owners under Section 54 of the Land Acquisition Act, 1894 (in short 'the Act') to claim higher compensation than what has been granted against the awards of the Reference Court, Gurugram dated 30.10.2013 and 14.10.2015. The notification under Section 4 of the Act was issued on 24.06.2008 whereby, land was sought to be acquired for village Ghata, Tehsil Sohna, District Gurgaon for the public purpose and utilization of Sector roads from Sectors 58 to 67. The Land Acquisition Collector, vide Award No. 36 dated 12.08.2009 for the land measuring 45.23 acres, fixed the market value at Rs.55,00,000/- for chahi and magda lands and at Rs.60,00,000/- per acre for the land along the periphery road measuring 4 acres distance from the road. The Reference Court, while deciding the lead case i.e. L.A. No. 1148 of 2001, M/s. Base Exports Pvt. Ltd. vs. State of Haryana and another on 30.10.2013 alongwith 42 other cases has fixed the market value at Rs.6,338/- per square yard (Rs.3,06,75,920/- per acre). The basis for enhancement was a two fold formula applied wherein the average of the sale deeds of Exs. P-117 to P-124 was taken @ Rs.6,473.30/- per square yard. A 60% cut was applied to fix the market value at Rs.2,589.30/- per square yard.