STATE OF HARYANA Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree of the High Court of Punjab and Haryana in RSA No. 1137 of 1970 and batch dated 21/05/1981. An extent of 20 acres 38 cents was notified and published for acquisition in the State Gazette under Section 4(1) of the Land Acquisition Act on 22/06/1974 for residential colony. The lands are situated in Panchkula, near Chandigarh, as satellite town. The Land Acquisition Collector (For short 'the Collector') awarded the market value in the award dated 25/06/1976, to the Abadi land at the rate of Rs, 12,240/- per acre and to the Gheir Mumkin land @Rs,1200/- per acre. In addition, he also awarded compensation to the fruit bearing trees in the respective appeals as follows:- <FRM>JUDGEMENT_637_SUPP2_1995Html1.htm</FRM>

(2.) ON reference under Section 18, in his award and decree dated 12/12/1978, the Addl. District Judge affirmed the award of the Collector. In other words, he passed nil award. ON appeal,the High Court by confirming the market value of the land, enhanced the compensation to the fruit bearing trees by 60 Per Cent of what was awarded by the Collector and accordingly granted enhanced compensation with statutory benefits. Thus this appeal by special leave.

(3.) THE appeal are accordingly allowed. THE judgement and decree of the High Court is set aside and the award and decree of the Reference Court is affirmed. In the circumstances of the case, the parties are directed to bear their own costs.Appeal allowed.