- (1.) I. Subject matter of appeals: Judgments of Courts below rendered after remand. This batch of cases relates to determination of compensation by way of enhancement over compensation assessed by the reference court for acquisition of property under the Land Acquisition Act, some at the instance of the landowners, some by the State and some by HUDA. There is also Cross Objection No.23-CI of 2008 in RFA No.3280 of 2005 at the instance of the private owner. These cases have been brought for hearing after judgments recorded by the Reference Court through five different judgments. The judgments were rendered after the cases were remanded by this Court in the judgment in RFA No.5135 of 2002 titled State of Haryana Vs. Baldev Singh and others dated 08.11.2006. The remand became essential in view of the fact that earlier the awards had been passed by reference to a judgment in the award where the lead case was Gurdev Singh and others Vs. State of Haryana. The judgment in Gurdev Singh itself was a subject of remand by the Court through a judgment rendered in RFA No.1281 of 1999 by a judgment dated 27.10.2006. The parties had been granted liberty to adduce fresh evidence with reference to the potentiality of the lands and the valuation of properties of adjoining lands through various transactions of private sales. II. Adjudication; only as regards valuation of land, trees and structures not reassessed
(2.) The cases have been decided with reference to acquisition of lands in Fatehpur, Maheshpur, Kundi and Railley. There are at least 10 villages which are stated as covered through the notifications as evidenced through the notifications issued namely, of (i) Maheshpur (ii) Kundi (iii) Railley (iv) Fatehpur (v) Railla (vi) Judian (vii) Devi Nagar (viii) Kharag Mangoli (ix) Budanpur and (x) Dhillon Dhamsu. We are principally concerned about the substantial extents of properties with reference to the first four villages mentioned above. The notifications issued under Section 4 for acquisition have been rendered on the following dates. The awards dated 30.04.2005 is with reference to acquisition of properties in Fatehpur and Maheshpur, the judgment dated 10.12.2008 is with reference to the acquisition of property in Kundi, the judgment dated 10.02.2009 is with reference to properties in Fatehpur & Railley, judgment dated 16.02.2009 is with reference to acquisition of property in Railley and the judgment dated 16.04.2002 is with reference to cases of acquisition for properties in Maheshpur. There is a common thread of reasoning adopted by the Reference Courts for determining the compensation @ Rs. 394/- per sq. yd. vide awards dated 10.12.2008, 10.02.2009 and 16.02.2009 qua the properties acquired through notification dated 29.01.1990 , @ Rs. 350/- per sq. yd. vide award dated 30.04.2005 qua the properties acquired through notification dated 26.04.1995 and @ 256/- per sq. yd. vide award dated 16.04.2002 qua the properties acquired through notification dated 26.04.1995. There are in some cases determination of compensation also with reference to structures and trees. No argument however was made with reference to them and therefore, this judgment will not make any modification with reference to their valuation. III. Basis of valuation-Reliance on awards, auction notices and private sales
(3.) The arguments were advanced by the parties by references to private deeds of sale, auction notices of sales brought by HUDA subsequent to development of property and awards by various Courts from the year 1983 till very recently by the Reference Courts, High Courts and Supreme Court. Only in respect of villages namely Kharag Mangoli and Judian, the intial assessment made by the Reference Court for acquisition notices in the year 1983 and 1985 @ Rs. 250/- per sq. Yd has become final. In all other cases, the awards have been subject of appeals to the respective higher judicial tiers.;