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2025 DIGILAW 72 (SC)

Chhota Ram etc. Etc. v. State of Haryana

2025-01-03

ARAVIND KUMAR, M.M.SUNDRESH

body2025
ORDER : 1. Leave granted. 2. The appeals have been preferred by the landowners who are the unsatisfied claimants, aggrieved over the Award passed by the High Court which fixed the valuation of the land at Rs.200/- per square yard, as against the claim of Rs.250/- per square yard, based upon an Award that was passed for a nearby land. 3. Learned counsel appearing for the appellants submits that there is a tacit acceptance by the respondents on the similarity of the lands. Both the lands have been acquired within a span of two months. The present land is also strategically located, being surrounded by roads. Thus, the judgment of the High Court requires interference of this Court by fixing the valuation at Rs.250/- per square yard. 4. Learned counsel appearing for the respondents submits that apart from the purpose of the acquisition being different, the present land of the appellants is situated far away from the land for which Rs.250/- per square yard had been fixed and awarded. It is further submitted that one has to see the object of acquisition of the land, apart from the land's potential value. 5. We have perused the sketch which was produced in the Court. Apart from the admission made on behalf of the respondents, the sketch also does not indicate that the present land of the appellants which is in question is far away from the land for which the determination has already be made at Rs.250/- per square yard. 6. We may also note that in the aforestated land, two valuations have been fixed. For the lands adjoining the road, the valuation is fixed at Rs.300/-per square yard and for the remaining land, the valuation is fixed at Rs.250/- per square yard. Apart from the same, the lands acquired in the notification which has been relied upon were also agricultural lands. The sketch would indicate that the present land has got access from both the Sabji Mandi road and the Minor road. 7. There is no difficulty in appreciating the potential value of the acquired land. At the least, the appellants are entitled for Rs.250/- per square yard as fixed in the subsequent notification, even if we can ignore the higher valuation fixed thereunder. 8. 7. There is no difficulty in appreciating the potential value of the acquired land. At the least, the appellants are entitled for Rs.250/- per square yard as fixed in the subsequent notification, even if we can ignore the higher valuation fixed thereunder. 8. In such view of the matter, the appeals stand allowed by setting aside the impugned judgment(s) and fixing the valuation of the appellants' lands which have been acquired at Rs.250/- per square yard. 9. The respondent-State shall pay the enhanced compensation to the appellants within a period of 3 months from today. 10. Pending applications, if any, shall stand disposed of.