BRIJESH Vs. STATE OF HARYAN

JUDGEMENT

(1.) RFA Nos.684 to 694 of 2012, RFA Nos.7342 to 7346 and 7672 of 2011 filed by the landowners under Section 54 of the Land Acquisition Act, 1894 (for short 'the Act'), which are directed against the Award of the Reference Court, Sonepat dated 05.09.2011, whereby the reference petitions filed under Section 18 of the Act have been dismissed.

(2.) The notification in question under Section 4 of the Act was issued on 07.02.2007 and the Section 6 notification was issued on 27. 12.2007. The land measuring 31 acres 2 kanals 2 marlas was acquired for the public purpose for the construction of Water Works and Drinking Water Supply in Ganaur, District Sonepat. Vide Award No.5 dated 10. 07.2008, the market value had been assessed @ Rs.30 lakhs per acre by the Collector, leading to the filing of the Section 18 petition.

(3.) The reason for dismissing the references is that the two sale deeds dated 13.03.2006 (Ex.P10) and 31.03.2006 (Ex.P15) of Ganaur, which were relied upon and wherein the market value was between Rs.92 lakhs to Rs.95 lakhs per acre were discarded on the ground that the location of the land mentioned in the sale deeds could not be located on the Akshajra Plan (Ex.P14). Similarly, since vide abovesaid sale deeds the land had been purchased by the builders and the sale deeds were in favour of the builders, detailed perusal of Ex.P10 was done that there were post dated cheques pertaining to the date beyond the date of registration. A condition had been put in the sale deed that in case the cheques got dishonoured the sale deed would be considered as cancelled. Similar was the condition incorporated in Ex.P15 and, therefore, the said sale deeds were discarded. Reliance was placed upon the sale deeds produced by the respondents Ex.R2 and Ex.R3, wherein the land was sold @ Rs.15 lakhs per acre and Rs.20 lakhs per acre in March and February, 2006 and therefore, by giving an increase as such of 12% annually, it was calculated that the amount would come to Rs.22,41,337/- per acre, which was less than the rate awarded by the Land Acquisition Collector (for short 'the Collector'). The other sale deeds of village Garhi Kesri (Ex.P1 to Ex.P9, Ex.P11 and Ex.P16 to Ex.P19) were discarded on the ground that they pertained to adjoining village Garhi Kesri. Resultantly, the relied claimed was declined.