- (1.) This order will dispose of RFA Nos. 3080 to 3101 of 2011, as the same arise out of a common award.
(2.) The landowners have filed the present appeals seeking enhancement of compensation for the acquired land. The facts have been extracted from R.F.A. No. 3080 of 2011. Briefly, the facts of the case are that land measuring 90 kanals and 11 marlas, situated in village Hathwala, Tehsil and District Jind was sought to be acquired vide notification dated 8.5.1997, published on 5.8.1997, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), for the purpose of construction of Lajwana-Pauli Drain. The same was followed by notification dated 26.3.1998, published on 12.5.1998, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') assessed the market value of the acquired land @ Rs. 1,20,000/- per acre situated within one acre on both sides of the road and Rs. 1,00,000/- per acre for the remaining land. Feeling dissatisfied, the land owners filed objections. On reference under Section 18 of the Act, the learned court below, assessed the market value of the acquired land @ Rs. 3,00,000/- per acre. Aggrieved against the award of the learned court below, both the parties filed appeals before this Court. This Court vide judgment dated 5.4.2010 passed in RFA No. 2419 of 2006, State of Haryana vs Rajinder Singh and others, remitted the matter back to the learned Reference Court for fresh consideration. On remand, the learned court below vide award dated 10.11.2010, determined market value of the acquired land @ Rs. 1,20,000/- per acre on both sides of road upto one acre and Rs. 1,10,000/- per acre for the remaining land. Now the landowners have again filed appeals against the impugned award.
(3.) In the case in hand, the landowners did not lead any documentary evidence to show the value of the acquired land, except saledeed, Ex. P-3. The location of land pertaining thereto was not pointed out on any site plan to compare the same vis-a-vis the acquired land. In the absence of that, the learned court below placed reliance upon the material placed on record by the State whereby the average sale consideration paid in the sale-deeds registered in the year 1996-97 was Rs. 1,10,000/- per acre which justified the award of the Collector to some extent. The compensation only for the land which was located beyond one acre from the main road was increased to Rs. 1,10,000/- from Rs. 1,00,000/- per acre. In the absence of any documentary evidence produced on record by the landowners, no case for interference is made out as far as amount of compensation for the acquired land is concerned. It was further submitted by learned counsel for the landowners that the learned court below has not granted any compensation on account of severance of land. Undisputedly, the land in question was acquired for construction of Lajwana Pauli Drain, which bifurcated the land into two portions. The submission is that it became uneconomical for them to cultivate the two portions of land as divided by the drain as the bridges to approach other portion of land are always built at some distance. The submission is that inspite of the fact that bifurcation of the land is undisputed but still the learned court below has not granted severance. It was submitted that the landowners are entitled to compensation on account of severance. In support of the submissions, reliance was made to Smt. Narinder Kaur vs The State of Punjab and others,1980 82 PunLR 473and State of Punjab through Collector Kumerian Hydel Channel Project, Talwara vs Amar Nath and others,1988 LACC 310.;