- (1.) The petitioner has approached this Court challenging award dated 03.12.2009 (P-3) whereby the compensation under the Petroleum and Mineral Resources Pipelines (Acquisition of Right of User in Land) Act, 1962 (for short 'the Act') has been awarded to the petitioner. Heard learned counsel for the parties. 38 objections were jointly disposed of by the impugned order. These objections arose out of notification issued by Central Government under sub-Section 1 of Section 3 of the Act dated 19.04.2006 published in the Gazette of India, Part-II Section 3(2) on 30.05.2006. Vide this notification, the Central Government for the Ministry of Petroleum and Natural Gases acquired the land involved in the present petition for laying down the pipeline for transportation of petroleum products from Dadri in the State of U.P. to Panipat in the State of Haryana, for public purposes. The competent authority granted compensation to the tune of Rs. 7,50,000/- per acre regarding the land of village Shodapur which was adjacent to the road, at the rate of Rs. 6 lac per acre regarding the remaining land of the village, Rs. 5 lac per acre for irrigated (nehri/chahi) land (Rs. 4 lacs per acre regarding Barani land. Regarding the land of village Nohra, the market value of the nehri/Chahi land was assessed @ Rs. 3,60,000/- per acre, regarding Barani land Rs. 2,50,000/- per acre and regarding Banjar Qadim land @ Rs. 3,75,000/- village Sina, it was assessed @ Rs. 3,75,000/- per acre for Nehri/Chahi @ Rs. 50,000/- per acre for paran land and @ Rs. 2 lacs per acre for Baznjar Qadim land. The total area of the land in which right of the user was acquired was 268 kanals 02 marlas. The competent authority asked the Collector Panipat to supply the market value of the land and after going through the market rates of the land supplied by the Collector and after spot visit, the Competent Authority had given its award dated 21.01.2008.
(2.) The affected land owners filed their objections and led their oral as well as documentary evidence. The petitioners thereafter had challenged the award dated 21.01.2008 in the Court before learned Additional District Judge, Panipat on the ground that the Competent Authority did not attach due weightage to the situation and potentiality of the disputed land as well as the fact that the land is situated in the vicinity of some industrial units. Further the petitioners now are not in a position to grow any trees or raise permanent construction over the disputed land and the use of the land has been restricted only to grow crops. Additional District Judge proceeded to access the compensation by placing reliance on the letter Ex. PX 28.04.2005 and Ex. PY dated 06.04.2007 issued by Financial Commissioner & Principal Secty. To Government of Haryana. The State of Haryana affixed the floor, rates for the above three zones for acquisition of land for public purpose, which reads as under:- 1. The urbanisable area of Gurgaon will have a minimum floor rate of Rs. 15 lac per acre. 2. Rest of the Haryana Sub-Region of NCR including Panchkula and area of Chandigarh periphery in the Haryana State will have a minimum floor rate of Rs. 12.50 lacs per acre. 3. For the rest of the State minimum floor rate will be Rs. 5 lacs per acre. 4. These rates do no include me solatium and interest payable under the provisions of the Land Acquisition Act.
(3.) Subsequently, vide letter dated 06.04.2007 Ex. PY, the aforesaid floor rate of Rs. 12.50 lacs per acre was revised to be @ Rs. 16 lacs per acre. These rates were affixed by the State Authorities for the purpose of acquiring the ownership of the land in this area with regard to payment of compensation under the Act, there was provision of payment of 10% of the market value to the land-owners, coupled with the fact that after laying down the pipeline in the disputed land, the restriction is imposed upon the petitioners not to grow trees etc or not to raise permanent structure/construction over the same.;