RAHAM DEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I propose to dispose of 142 regular first appeals and cross objections arising from the judgment/award passed by the learned Additional District Judge, Ambala dated 26.9.1987. Out of these, 70 appeals have been preferred by the State, 69 appeals have been filed by the claimants and 3 respondents/claimants have preferred cross objections.

(2.) THE necessary facts are that Government of State of Haryana issued a notification under Section 4 of the Land Acquisition Act, thereinafter referred to as the Act, on 20.4.1979. In furtherance thereto, notification under Section 6 of the Act was issued on 1.6.1979 to acquire 2343 acres 2 kanals 15 marlas of land in the revenue estate of village Nangali, Had Bast No. 32, Tehsil Jagadhri, District Ambala. The land was acquired for forestation and anti-soil erosion. The Collector vide his award dated 5.8.1985 awarded the following compensation to the claimants after adopting the prescribed procedure :

(3.) THE learned judge rejected the claim of the claimants in relation to loss of business or houses etc. as there was no cogent evidence on record for granting any enhancement on that account. Discontended from the above judgment of the learned Additional District Judge, both the parties i.e. the State as well as the claimants have filed appeals before this Court. As all these appeals arise from a common judgment, common premises and are based upon identical evidence, I have proposed to dispose of these appeals by a common judgment. The claimants claim further enhancement of the awarded amount while the State prays for reduction of the awarded amount and resultant restoration of the award of the Collector.