- (1.) This order will dispose of RFA Nos.399, 400 of 2003; 1020, 1021, 1808 to 1811 of 2004, as common question of law and facts are involved.
(2.) The appeals in RFA Nos.1020, 1021 of 2004, 399 and 400 of 2003 are at the instance of the landowners seeking for enhancement of compensation, while the appeals by the HAFED in RFA Nos.1808 to 1811 of 2004 are for reduction of award of compensation.
(3.) The acquisition was made for the purpose of establishing a godown for HAFED vide notification issued under Section 4 was on 05.06.1996. The property was stated to have an immense potential for use for non-agricultural purpose, having regard to the location of the property within the municipal town and the fact that the property itself was acquired only for the purpose of laying a bypass road. The Land Acquisition Collector adopted a system of belting and determined compensation of Rs. 3 lakh for the property abutting road upto the depth of one acre, Rs. 2.5 lakh for the property beyond the distance of one acre and Rs. 2 lakh beyond 2 acres. The award of the Collector was modified by the Additional District Judge enhancing it to Rs. 5 lakh, Rs. 3 lakh and Rs. 2.5 lakh respectively for the various portions of property depending on the proximity to the road by adopting the same system of belting.;