STATE OF HARYANA Vs. RAI SINGH

JUDGEMENT

(1.) State of Haryana has preferred 67 regular first appeals against the judgment and award dated 17th Sept., 1992 passed by the learned District Judge, Ambala, wherein the reference Court enhanced the compensation to Rs. 75.00 per square yard from Rs. 20.00 per square yard as awarded by the Land Acquisition Collector. 7 of the claimants in these 67 appeals have also filed cross objections. As all these appeals and cross objections arise from a common judgment and are based upon common premises of fact and law, it will be appropriate to dispose of all these appeals and cross objections by a common judgment.

(2.) The Government of State of Haryana issued a notification under section 4 of the Land Acquisition Act, hereinafter referred to as the Act, on 23rd May, 1983 for acquiring 1.94 acres of land in village Rally, Had Bast No. 369, Tehsil Kalka. This land was acquired for development and utilisation of the same for residential, commercial and industrial area to be developed by Haryana Urban Development Authority. In furtherance to this, notification under section 6 of the Act was issued on 3rd Jan., 1984. The Land Acquisition Collector after following the due process vide his award dated 22nd Sept., 1986 being award No. 20/86-87, awarded compensation at the rate of Rs. 20.00 per square yard to the claimants. The claimants felt aggrieved from the award and preferred references under section 18 of the Act. 67 references were made to the District Judge, Ambala, who vide his award dated 17th Sept., 1992 enhanced the compensation to Rs. 75.00 per square yard.

(3.) It is contended on behalf of the State that the compensation enhanced by the learned District Judge is unreasonable and there is no valid evidence on record to permit such enhancement. Though no counsel appeared for the claimants, but in the memorandum of cross-objections the claimants have prayed for grant of further compensation to them than the one awarded by the Collector.