Rajesh Bindal, J. - (1.) THIS order shall dispose of appeals bearing RFA Nos. 2565 to 2585, 3263 to 3271, 3275 to 3277, 3355 to 3362 of 2009, as common questions of law and facts are involved in these appeals.
(2.) THE landowners are seeking enhancement of compensation for the acquired land whereas by filing appeals the State of Haryana is seeking reduction thereof. The bunch of appeals pertain to the valuation of land acquired for construction of BML Hansi Branch -Bhutana Branch Multipurpose Link Channel from RD 0 -91000 off taking RD 340300 L Bhakra Main Line vide notification dated 18.8.2005 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') by the State of Haryana, situated within the revenue estate of village Azimgarh, Hadbast No. 3, Tehsil Ghula, District Kaithal. Notification under Section 6 of the Act was issued on 13.9.2005. The Land Acquisition Collector (for short 'the Collector') vide award dated 27.12.2005 assessed the market value of the acquired land @ Rs. 7,50,000/ -per acre for nehri and chahi and Rs. 15,00,000/ -per acre for gair mumkin kind of land. The land owners being dissatisfied with the award of the Collector filed objections which were referred to the learned Court below. On reference under Section 18 of the Act, the learned Court below assessed the compensation of the acquired land @ Rs. 9,00,000/ -per acre for chahi/ nehri and upheld the compensation regarding gair mumkin kind of land vide award dated 2.1.2009. Aggrieved against the award of the learned court below, both the parties are in appeal before this Court.
(3.) LEARNED Counsel for the landowners submitted that the learned court below has not awarded just and fair compensation for the acquired land. The sale -deeds, Ex. P -3, and Ex. P -5 to Ex. P7, produced by the landowners on record were not considered while determining market value of the acquired land. It was submitted that as per site plan, Ex. P -1, village Azimgarh is situated at the boundary line of Punjab and Haryana State. Industrial town Samana is in the close proximity. This village is developing like a city. Various industrial units and petrol pumps are located in the area. It was further submitted that the value of the acquired land was not less than Rs. 2,000/ - per square yard.;