LAWS(P&H)-2000-12-96

KALI RAM Vs. STATE OF HARYANA

Decided On December 15, 2000
KALI RAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BY this judgment, I dispose of as many as 12 Regular First Appeals No. 1471 (Kali Ram and others v. State of Haryana), 1468 (Kartara v. State of Haryana), 1469 (Mani Ram v. State of Haryana), 1470 (Kali Ram and others v. State of Haryana), 1472 (Joginder Singh v. State of Haryana), 1473 (Kali Ram and others v. State of Haryana), 1473 (Kali Ram and ors. v. State of Haryana), 1475 (Mani Ram v. State of Haryana), 1476 (Sawan Singh and others v. State of Haryana), 1477 (Kali Ram and others v. State of Haryana), 1599 (Joginder Singh and others v. State of Haryana), all of 1988, and 1460 (Chatra Ram v. State of Haryana) of 1989, as in my opinion all the 12 appeals can be disposed of by one judgment.

(2.) IN pursuance of the Haryana Govt. Notification No. 16/5/82-4 MI and P, dated 28.2.1985 under section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act'), published in official gazette dated 28.9.1985 and declared vide notification No. 16/5/82-4 MI and P, dated 2.3.1985, under section 6 of the Act, the Haryana Govt. decided to acquire 94.84 acres of land in Village Kayampur, Hadbast No. 124, Tehsil Jagadhri, District Ambala, partly at public expense and partly at the expenses of the Haryana State Electricity Board for a public purpose; namely, additional land for Yamuna Nagar Thermal Power Plant of Haryana State Electricity Board. The Collector gave the award dated 28.10.1985 vide which he awarded compensation @ Rs. 32,000/- per acre for Chahi Land, gair mumkin, tubewell, khal, bara, Rs. 22,000/- per acre for Barani land, Rs. 11,000/- per acre for Banjar Kadim and Rs. 5,500/- per acre for gair mumkin khadan land.

(3.) THE parties led evidence before the court of Addl. Distt. Judge, Ambala, who gave the award dated 15.6.1988 and the claimants were awarded the uniform rate of Rs. 50,000/- per acre. Resultantly, the reference under section 18 of the Act was accepted and the compensation was enhanced accordingly. It was also ordered by the court of Addl. Distt. Judge that the claimants shall be entitled to the benefit of 30% solatium, additional compensation amount of 12% and interest @9% per annum for the first year from the date of possession and 15% per annum for the subsequent period till payment.