- (1.) By way of this order, this Court shall dispose of nine regular first appeals namely RFA Nos.1040, 1041, 1042, 1043, 1061, 2784, 2785, 2790 and 2791 of 2013. For the sake of convenience, facts are being taken from RFA No.1040 of 2013.
(2.) The State of Haryana acquired the land situated within the revenue estate of villages Kharbala, Sisar and Banda Heri, Tehsil Hansi, District Hisar (for short 'acquired land'), for public purposes i.e. for construction of a ditch-drain. The notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') was published in Haryana Government Gazette on 26.08.2003 and notice under Section 6 of the Act was published in Haryana Government Gazette on 11.11.2003. After publication of notice under Section 6 of the Act, the District Revenue Officer-cum-Land Acquisition Collector, Hisar (for short 'LAC) pronounced Award on 15.02.2004 and assessed the market value of the acquired land at the rate of Rs. 1,60,000/- per acre plus statutory benefits.
(3.) A strip of land measuring 17300 feet in length and width was sought to be acquired for the construction of ditch drain along Sunder Sub Branch both sides from R.D. 0-17300 (157700-175000) in villages Kharbala, Sisar and Banda Heri, Tehsil Hansi, District Hisar. The LAC pronounced the Award on 15.02.2004 and assessed the market value @ Rs. 1,60,000/- per acre and also awarded statutory benefits. Aggrieved against the said Award, the land owners sought the reference under Section 18 of the Act. The reference has been decided by the Reference Court vide Award dated 23.09.2009. The land owners in support of their case did not lead any evidence except one sale instance bearing No.190 dated 12.6.2008 which was proved and exhibited as Ex. A1.;