GOURI BASU Vs. DURGA NATH BHATTACHARJEE

JUDGEMENT

(1.) THIS Judgment will dispose of Civil Appeal Nos. 2461-2465 of 2000 filed by the State of Haryana as also the other Civil Appeals being Civil appeal Nos. 2466/2000, Civil Appeal No. 2467/2000, Civil Appeal no. 2468/2000, Civil Appeal No. 2469/2000 and Civil Appeal No. 2470/2000 which have been filed by the private parties against the State of Haryana complaining against the impugned judgment dated 5th November, 1998 passed by the Division Bench of the High Court of Punjab and Haryana.

(2.) THE subject matter in all the appeals is common, i. e. , quantum of compensation payable for the lands acquired from Villages Ratgal, sunderpur and Palwal. The total land which was acquired was 185 Kanals 13 Marlas. The appellants in Civil Appeal Nos. 2466 to 2470 of 2000 are the land owners. The land was acquired for the public purpose of establishing Government Ayurvedic College and Pharmacy at Kurukshetra. Section 4 Notification under the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was issued on 8th February, 1983 while notification under Section 6 was published on 11th May, 1983. The Award was announced by the Collector on 30th March, 1984 who assessed the compensation at the rate of Rs. 40,000/- per acre in respect of "chahi" land and Rs. 25,000/- per acre with regard to "ghair Mumkin" land. The land owners applied for a Reference under Section 18 of the Act. The reference was accordingly placed before the Additional District Judge who passed his Award on 27th February, 1985 and held that the market value should have been at the rate of Rs. 15 per square yard. Thus the compensation at the rate of Rs. 72,600/- per acre was awarded by the additional District Judge besides the statutory benefits. Some of the land owners were given additional compensation at the rate of 25% in respect of their unacquired land on account of severance caused by acquisition. Not satisfied with the Award, the land owners filed appeals before the High court of Punjab and Haryana at Chandigarh.

(3.) THE learned Single Judge vide his judgment dated 26th May, 1988 found that the value of the land was Rs. 20. 59 per square yard and accordingly fixed the market value at Rs. 99,668/- per acre. Further appeals were filed before the Division Bench by the land owners.