UDAY UMESH LALIT,J. - (1.) Delay condoned. Leave granted in all matters.
(2.) These appeals challenge the judgment and order date 01.06.2018 passed by the High Court[1] in RFA No.384 of 2013 (O&M) [Tej Singh and another v. State of Haryana and others], based on which the individual appeals were disposed of. [1] The High Court of Punjab and Haryana at Chandigarh
(3.) The facts leading to the instant appeals, in brief, are as under:- A) The proceedings for acquisition of lands were initiated vide Notification dated 27.09.2005 issued under Section 4 of the Act[2] for the purpose of setting up Industrial Model Township, Phase-VI, Manesar, Gurgaon for the development of an integrated complex for industrial, commercial, recreational and other public utilities. [2] The Land Acquisition Act, 1894 B) The aforesaid Notification was followed by Declaration dated 02.06.2006 issued under Section 6 of the Act. The lands sought to be acquired, admeasured 465 acres 5 Kanals 7 Marlas, the details of which as tabulated by the High Court were:- JUDGEMENT_46_LAWS(SC)4_2021_1.html C) By Awards dated 24.01.2007, the Land Acquisition Collector assessed the market value of the lands at the rate of Rs.12.50 lakhs per acre. D) References initiated at the instance of land-holders were discussed by the High Court in its decision under challenge as follows: "Different reference courts at Gurugram dealt with the matter at different points of time and the first award in question was dated 18.12.2010, pertaining to Village Dhana, wherein a sum of Rs.46,07,890/- per acre was awarded as market value of the land while deciding 2 reference petitions, which is subject matter of RFA No.2453 of 2011 titled HSIIDC v. Ram Niwas and others. Similarly, on 04.09.2012, 26 reference petitions were decided for the said village, awarding the same amount of compensation, which is subject matter of RFA No.384 of 2013 titled Tej Singh v. State of Haryana and others. On 04.12.2012, another award was passed for the said village, wherein also, same amount of compensation was given, which is subject matter of RFA No.2874 of 2013 titled Marwan and others v. State of Haryana and others and which was followed by another award dated 22.03.2013, which is subject matter in RFA No.402 of 2016 titled Sunita Devi v. State of Haryana and others. On 09.05.2013, another award was passed wherein also, same amount of compensation was granted, which is subject matter of RFA No.6369 of 2013 titled Ranbir Singh v. State of Haryana. However, vide award dated 07.10.2013, Reference Court granted a sum of Rs.50,70,359/- which is subject matter of RFA No.7913 of 2013 titled M/s Asylum Estate Pvt. Ltd. v. State of Haryana and others, whereas vide award dated 23.11.2013, which is subject matter of RFA No.2091 of 2014 titled Siri Chand and others v. State of Haryana and others, a sum of Rs.46,07,890/- which had been granted earlier, was maintained. Another award was passed on 17.03.2015, which is subject matter in RFA No.3743 of 2015 titled Udey Singh and others v. State of Haryana and others for village Dhana wherein also Rs.46,07,890/- was awarded. For Village Kasan, vide award dated 03.10.2012, which is subject matter of RFA No.2086 of 2013 titled Lal Singh v. Stateof Haryana and others, a sum of Rs.50,70,359/- was awarded while deciding 24 reference petitions. For land falling in Village Bas Huria, vide award dated 09.11.2011, which is subject matter of RFA No.3426 of 2014 titled Samp and another v. State of Haryana and others, a sum of Rs.46,07,890/- was granted. Reference Court vide award dated 10.11.2012, in RFA No.1971 of 2013 titled Sohan Lal and others v. State of Haryana and others, has also granted same compensation. Vide another award dated 29.04.2013, for Village Bas Huria, which is subject matter of RFA No.7119 of 2013 titled HSIIDC and others v. Chunni Lal and others, same amount of compensation was assessed. Thereafter, vide award passed on 01.09.2015, Reference Court, which is subject matter in RFA No. 16 of 2016 titled Jai Pal Singh and others v. State of Haryana and others, fixed the compensation at the same amount. Another Reference Court on 10.11.2012, while deciding 32 reference petitions, for Village Bas Lambi, which is subject matter of RFA No.958 of 2013 titlted Balbir v. State of Haryana and others, granted compensation of Rs.46,07,890/- whereby 829 kanals, 18 marlas of land was acquired. For village Bas Khusla, while deciding 54 reference petitions on 28.09.2013, a sum of Rs.68,32,893/- was granted by applying the cumulative method, which is subject matter of RFA No.4004 of 2014 titled HSIIDC v. Amar Pal and others. Similarly, RFA No.4424 of 2015 titled Ishwar @ State of Haryana and others, deals with award dated 01.10.2014 wherein also, Rs.68,32,893/- was granted. While assessing the market value, vide award dated 18.12.20110, for village Dhana, for the first time, the Reference Court kept in mind compensation awarded in HSIIDC v. Pran Sukh (2010) 11 SCC 175 whereby a sum of Rs.20 lacs has been awarded as compensation for the notification dated 15.11.1994, for setting up the Industrial Model Township, Phase-I, Manesar. It was further noticed that for notification dated 07.03.2002 of Village Dhana, besides land of Village Kasan, Bas Kusla, Bas Huria, which was also for the development of Phase-III, one Reference Court had awarded a sum of Rs.28,15,849/- by giving increase of 12% on Rs.15 lacs, as had been assessed by this Court. Since the Apex Court had enhanced the value @ Rs.20lacs in Pran Sukh's case (supra), the same was relied upon by granting 12% increase for the time-gap of 10 years, 10 months and 12 days between the 2 notifications dated 15.11.1994 and the one in question dated 27.09.2005, to assess the market value of Rs.46,07,890/-. The apportionment claimed, as such, was also decided in favour of the claimants and the claim of Gram Panchayat was denied. However, for the same Village Dhana, vide award dated 07.10.2013, another Reference Court relied upon the award dated 03.10.2012 for Village Kasan, which is subject matter of RFA No.2086 of 2013, to grant higher compensation of Rs.50,70,359/-, on the ground that it was pertaining to the same notification and the public purpose was the same, i.e., for completing the infrastructural facilities and other public utilities such as roads, water supply, sewerage, electrification etc. Thus, it is apparent that for the same acquisition, Rs.46,07,890/- and Rs.50,70,359/- have been awarded for Village Dhana and similarly, for Village Kasan also, Rs.50,70,359/- has been awarded. However, Village Bas Khusla, Rs.68,32,893/- was awarded, without the Reference Court having, in any manner, recorded a finding, as such, that the lands situated in those villages were superior or were better placed and without making any reference to the site-plans in question." E) For facility, the brief details of the orders in References and the amounts awarded as compensation are tabulated:- JUDGEMENT_46_LAWS(SC)4_2021_2.html Thus, except for cases at serial Nos.6,9,15 and 16, the market value was consistently fixed at Rs.46.07 lakhs per acre. F) The acquiring body, namely, HSIIDC[3] as well as land-holders approached the High Court by filing 114 Appeals and 19 cross Objections. The High Court framed the following questions for consideration: "(i) Whether cumulative increase was liable to be granted on the basis of an Award for the notification dated 15.11.1994 for the acquisition dated 27.09.2005 where there was a gap of 10 years and 10 months between two notifications and whether the Awards are sustainable on that account; (i) Whether the sale deed dated 16.08.2004 in favour of M/s Conway Developers Ltd., which was subject matter of consideration in a bunch of appeals lead case in which was RFA No.3381 of 2013 'HSIIDC v. Roshan Lal and others' decided on 25.05.2018 are liable to be taken into consideration pertaining to village Naurangpur which was for Phase-V of the IMT Manesar, whereas the present acquisition is for the Transport Hub, which is Phase-IV of the IMT Manesar. (ii) What is the relevant market value of the land situated in Villages Dhana, Kasan, Bas Huria, Bas Khulsa and Bas Lambi as on the date of Section 4 notification dated 27.09.2005." [3] Haryana State Industrial and Infrastructure Development Corporation Relying on the decision in General Manager, Oil and Natural Gas Corporation Limited v. Rameshbhai Jivanbhai Patel and another, (2008) 14 SCC 745 the High Court answered the first question against the land-holders. While dealing with the evidence on record the High Court relied upon its decision rendered on 25.05.2018 in HSIIDC v. Roshan Lal and others. It was found in that case that sale deed dated 17.08.2003 [Ext.P-13] was the most appropriate sale instance, based on which valuation at Rs.48,46,000/- per acre was arrived at for lands from Villages Naurangpur and Lakhnoula falling on the National Highway whereas the lands falling inside and away from the Highway were subjected to a cut of 10% and the market value for lands falling in the villages Shikohpur, Nawada Fatehpur and Naharpur Kasan was arrived at Rs.43,61,400/- per acre. Finding that the lands in the instant case were comparable with the lands from Villages Shikohpur, Nawada Fatehpur and Naharpur Kasan, the High Court fixed market value in respect of the lands concerning present acquisition at Rs.43,61,400/-. The relevant discussion was as under:- "50. The argument raised by Mr. Shailender Jain, Sr. Advocate that the sale deed dated 16.08.2004, in favour of M/s Conway Developers Pvt. Ltd. which fall in Village Naurangpur, wherein land was sold for Rs.57,60,000/- per acre should be the relevant sale exemplar and should be taken into consideration to fix the market value of the present 5 villages, though attractive at the first blush, but is not liable to be accepted. While deciding the cases of adjoining village, i.e. Naurangpur, Shikohpur, Nawada Fatehpur, Naharpur Kasan and Lakhnoula, wherein land had been acquired for Phase-II of the Industrial Model township, for industrial, commercial, recreational and other public utilities, the said sale deed had been taken into consideration for the notification dated 17.09.2004 in RFA No.3381 of 2013 - HSIDC now HSIIDC v. Roshan Lal and others, decided on 25.05.2018. The market value of the 2 villages, namely, Lakhnoula and Naurangpur has been assessed at Rs.48,46,000/- since they were falling on the Highway for the notification dated 17.09.2004. The land falling in the interior and away from the Highway, in Villages Naharpur Kasan, Nawada Fatehpur and Shikohpur were given Rs.43,61,400/- per acre. Even in the said case, it was noticed that the location of the said sale deed had not been brought on record on the siteplans and from the evidence, it would be clear that it was falling on the main road on the National Highway No.8 and abutting the same and was in favour of a Developer. Accordingly, the sale deed was taken into consideration for assessing the market value of the said villges, especially Naurangpur and Lakhnoula, as such, which were abutting the main highway also, as per the site-plan in question. The market value, as such was found that it was hovering around Rs.57 lacs, as such. However on the basis of sake deed dated 17.08.2003 (Ext.P13), in the said set of cases, whereby land measuring 8 kanals 8 marlas wa sold in favour of M/s Reliance Industries Ltd. in Village Lakhnoula with the frontage of 75.8 meters on the National Highway No.8 on its southern side, as per the description given in the site plan, the value was , thus, worked out at Rs.50,90,238/- per acre by granting 12% enhancement Rs.6,10,828/-, keeping in view the development which was taking place in the said area. The per acre value had thus worked out at Rs.57,01,066/- and thereafter, 15% cut had been applied to assess the market value at Rs.48,45,907/-(rounded of to Rs.48,46,000/-) for the land falling on the highway for Village Naurangpur and Lakhnoula. The lands falling inside and away from the Highway were assessed by granting another 10% cut and accordingly, for land falling in Village Shikohpur, Nawada Fatehpur and Naharpur Kasan, the amount was further reduced to Rs.43,61,400/-. 51. The pleadings and evidence have already been discussed in detail in the above paras and it is amply clear that the land in question is located at a considerable distance ranging from 7 to 10 kms from National Highway aNo.8 and therefore, cannot be granted the benefits of the land which is abutting the Highway and closure to the main town of Gurgaon since Naurangpur is situated ahead of Manesar towards Gurgaon. The argument that the market value of the land adjoining villages could also be taken into consideration while assessing the market value, would not apply in the present case, as a perusal of the site plans would go on to show that there are several revenue estates between the lands which have been acquired of he 5 villages and village Naurangpur. The site plan (Ext.P222 and Ext.R1, in RFA No.384 of 2013 - Tej Singh's case) would show that the land is on the fag end of the development which is taking place on the Highway and away from the National Highway. Village Naharpur Kasan, Lakhnoula and Maneswar's revenue estates would come in between the lands of the acquired villags. The distance though pleaded in several cases that it was close to the National Highway No.8, has been clarified time and again by the appellant-Corporation that it is ranging between 7-10 kms from the National Highway. In such circumstances the sale deed in favour of M/s Conway Developers Pvt. Ltd. could not be safe exemplar for fixing the market value and, therefore, the said judgment is rejected. 52. The issue of assessing the market value would, thus, necessarily have to be on the basis of a closer sale deeds of the villages in question or of the adjoining villages. As noticed earlier, in RFA No.3381 of 2013 titled HSIDC now HSIIDC v. Roshan Lal and others, the sale deed in favour of M/s Reliance Industries was kept in mind for assessing the market value which fell in the revenue estate of Village Lakhnoula. The land acquired in Village Naharpur Kasan, market value was accordingly, fixed at Rs.43,61,400/- after giving the necessary cut. The said award, as such, can be treated as relevant piece of evidence to assess the market value of he acquired land also since Naharpur Kasan is the adjoining village. The difference between the two notifications in question was for a period of one year as the earlier notification was dated 17.09.2004 whereas the present notification is dated 27.09.2005. It has already been noticed on an earlier occasion in Maqdan Pal-III (supra) that major developments was taking place in the area in the form of industry being encouraged and the big names had already come in like Maruti Suzuki Ltd. The 10% increase, thus, can be safely granted which would enhance the market value to Rs.47,96,540/- per acre. However, the said benefit, as such, is also not liable to be granted, keeping in view the location of the land which is deeper inside and would not fetch the same value though a period of one year might have gone by which the subsequent Section 4 notification had been issued. Accordingly, this Court is of the opinion that the market value for the lands of the 5 villages in question, namely, Dhana, Kasan, Bas Huria, Bas Lambi and Bas Khusla is liable to be assessed at the same amount as what was granted to Naharpur Kasan, @ Rs.43,61,400/- per acre along with situatory benefits." Going by the location, the High Court found that the lands involved in the instant acquisition were identical to the lands from Villages Shikohpur, Nawada Fatehabad and Naharpur Kasan. It relied on site plan Ext.P22. It also considered the difference of about a year between two notifications i.e. to say the notification dated 17.09.2004 under Section 4 of the Act in the earlier case and notification dated 27.09.2005 in the present case. It was observed that logically 10% increase could safely be granted. However, considering the location of the lands and being satisfied that there would not be any difference in the value despite lapse of a year, it assessed the market value for the lands in question at Rs.43,61,400/- per acre. The appeals preferred by HSIIDC were thus allowed while the challenge raised by the landholders was rejected. ;