NAND RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Special leave granted. Heard both the sides. We are of the opinion that the prayer for amendment of the memorandum of appeal to enable the appellant to claim appropriate compensation on trie basis of compensation awarded to those whose similar situated-lands were acquired under the identical notification should have been granted by the High court. The State cannot refuse to pay in respect of lands acquired under the same notification compensation awarded to the land owners whose similarly-situated landshad been acquired under the same notification for the same purpose by the Notification of the same date. Appeal is, therefore allowed. Prayer for amendment is granted. The matter will go back to the High court for passing an appropriate order in accordance with law in the context of the plea that the adjoining similarly-situated-land also acquired in the same circumstances having been valued at Rs. 17.50 per sq. yard, the appellants are entitled to claim compensation at the rate of Rs. 17.50 per sq. yard along with solarium and interest in accordance with law as declared by this court.

(2.) The appeal is disposed of accordingly. There will be no order as to costs.

(3.) Court fee will be paid within three months of the date of receipt of the record in the High court.