| Headnote |
Land Acquisition Act, 1894 – Compensation – Determination – Land acquired vide notifications dated 30.06.2005 and 5.3.2007 of villages Badh Malik, Pritampura and Rasoi in District Sonipat, Haryana – For land acquired vide notification dated 30.06.2005 for villages Badh Malik, Pritampura and Rasoi, the High Court enhanced the compensation to Rs. 29,54,000/- per acre and for land acquired vide notification dated 05.03.2007 for the aforesaid villages, the High Court awarded compensation @ Rs. 45,00,000/- per acre – Challenge to – Held: The amount of compensation assessed and determined for the land acquired vide notification dated 30.06.2005 acquired of very villages Badh Malik, Pritampura and Rasoi can be said to be the governing factor even while determining the compensation for the land acquired vide notification dated 5.3.2007 as under both the notifications the lands acquired are for the same public purpose, namely, development of industrial sector 39, Sonipat, Haryana – While assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification dated 30.06.2005, the High Court considered the sale deeds produced as Ex. P43 & P44 – If one considers the main Ex. P43 & P44, which are the sale deeds dated 15.04.2005 and thereafter applying the cut off of 50%, the market value of the land would come to Rs. 24,43,693/- per acre – Instead, without any adequate reasons, the High Court assessed and enhanced the amount of compensation @ Rs. 29,54,000/- per acre – Therefore, the High Court committed very serious error in assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification Land Acquisition Act, 1894 – Compensation – Determination – Land acquired vide notifications dated 30.06.2005 and 5.3.2007 of villages Badh Malik, Pritampura and Rasoi in District Sonipat, Haryana – For land acquired vide notification dated 30.06.2005 for villages Badh Malik, Pritampura and Rasoi, the High Court enhanced the compensation to Rs. 29,54,000/- per acre and for land acquired vide notification dated 05.03.2007 for the aforesaid villages, the High Court awarded compensation @ Rs. 45,00,000/- per acre – Challenge to – Held: The amount of compensation assessed and determined for the land acquired vide notification dated 30.06.2005 acquired of very villages Badh Malik, Pritampura and Rasoi can be said to be the governing factor even while determining the compensation for the land acquired vide notification dated 5.3.2007 as under both the notifications the lands acquired are for the same public purpose, namely, development of industrial sector 39, Sonipat, Haryana – While assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification dated 30.06.2005, the High Court considered the sale deeds produced as Ex. P43 & P44 – If one considers the main Ex. P43 & P44, which are the sale deeds dated 15.04.2005 and thereafter applying the cut off of 50%, the market value of the land would come to Rs. 24,43,693/- per acre – Instead, without any adequate reasons, the High Court assessed and enhanced the amount of compensation @ Rs. 29,54,000/- per acre – Therefore, the High Court committed very serious error in assessing and determining the compensation @ Rs. 29,54,000/- per acre for the land acquired vide notification. |
