STATE OF HARYANA Vs. RANG RAO

JUDGEMENT

(1.) THIS judgment would dispose of Regular First Appeal No. 1433 of 1983 and 1407 of 1983 as in both the appeals, the judgment delivered by virtue of reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter called as the Act) has been questioned. The facts are being taken from R.F.A. No. 1407 of 1983.

(2.) THE Government of Haryana had acquired land measuring 776 acres at village Kanina, Tehsil and District Mahendergarh for public purpose, i.e., for construction of Rampuri Distributory. The Government issued notification No. 13546/2L dated 14.12.1977 which was published on the same date under Section 4 of the Act and thereafter notification No. 285/2L dated 15.1.1978 was issued under Section 6 of the Act, which was published in the Haryana Government Gazette.

(3.) AS per the statement under section 19 of the Act, land measuring 4 Kanals 14 Marlas (Barani) belonged to Shri Rang Rao (appellant) in R.F.A. No. 1433 of 1983. The Land Acquisition Collector awarded compensation at the rate of Rs. 53,240/- per acre. Shri Rang Rao being dissatisfied sought reference under section 18 of the Act and claimed enhancement on the ground that the award of the learned Collector is inequitable, unreasonable and unjust inasmuch as he did not take into consideration the relevant factors while assessing the market value of the land in question. As per the claimant, the market price of the land was more than Rs. 100/- per Sq. Yard at the time of acquisition. On the other hand, the Government resisted the enhancement asked for and supported the award made by the learned Collector. On the pleadings of the parties, the following issues were framed :- i) What was the market value of the acquired land at the time of notification under section 4 of the Land Acquisition Act, 1894 ? OPP ii) Relief.