RAKESH KUMAR JAIN,J. - (1.) THESE 13 appeals, namely, RFA Nos. 962 to 967, 1095, 1142, 1259 to 1261, 1358 and 2303 all of the year 1993, filed by the landowners/claimants are berg disposed of by a common order as these involves common question of law and fact. Land measuring 3.25 acres (5 bigha and 4 biswas) was proposed to be acquired vide Notification issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short 'the Act') published in the Haryana Government Gazette on 18.8.1987 for the public purpose, namely, for the development and utilization of land for construction of sector road of Sector 4 under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority (in short 'HUDA), in the area of village Gurgaon H.B. No. 55, Tehsil and District, Gurgaon. Subsequently, vide notification under Section 6 of the Act issued on 18.8.1987 and published in the Haryana Government Gazette on the same date, the area of land measuring 3.25 acres, which was earlier proposed was declared to have been acquired for the aforesaid purpose.
(2.) LAND measuring 3.25 acres was classified as Chahi (2 bigha 9 biswas), Magda (0 bigha 11 biswas) and Banjar (2 bigha 4 biswas). The land Acquisition Collector, Urban Estate, Haryana, Gurgaon vide his award No. 12 for the year 1987-88 dated 30.12.1987 treated the acquired land as one compact block and awarded a uniform rate of Rs. 1,30,000/- per acre. Aggrieved against the award of the Collector, the landowners filed objections under Section 18 of the Act in which it was, inter alia, alleged that the market value of the acquired land was not less than Rs. 300 per sq. yard on the date of notification as the acquired land was situated near residential locality of Sector 4, Railway Station, Gurgaon, Industrial Estate and is part of Gurgaon City being situated within the municipal limits. It was further averred that the acquired land is under unauthorized possession of HUDA department since 1968 as HUDA had constructed the road in the year 1968, therefore, the landowners claimed interest from the date when the possession of the land was taken by the HUDA.
(3.) IN reply, filed by the land Acquisition Collector, the averments made in the claim-petition were denied and it was alleged that the award was fair, adequate, reasonable and fully in accordance with law.;