STATE OF HARYANA Vs. BHAWANI SAHAI

JUDGEMENT

(1.) THIS judgment would dispose of RFA No. 1320 of 1983 and X-Objections No. 20-CI of 1984 as the same have arisen out of one and the same award.

(2.) IN pursuance of the notification dated 11.8.1981, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by the Government of Haryana and thereafter issuance of notification dated 27.8.1981 under Section 6 of the Act, land measuring 8.16 acres was acquired at village Mohindergarh, Tehsil and Distt. Mohindergarh for public purposes i.e. for the construction of Canal Colony at Mohindergarh. However, on actual measurement by the field staff on the basis of demarcation given by the department concerned, it was found that the land measured 6.16 acres. The difference of two acres was perhaps due to miscalculation of the area or approximate area having been taken at the time of issuance of notification under section 4 of the Act.

(3.) ON the pleadings of the parties, an issue had been struck as to whether correct compensation has been paid to the petitioner or not and if not, how much they are entitled to. The learned Additional District Judge has specifically noticed the statement of RW1 made on 16.7.1983 when he stated in the cross-examination that about two years back, the price of the acquired area was Rs. 30 to 40 per sq.yards and at present the market value of the said area is about Rs. 60/70 per sq.yard. It has also been admitted that the acquired area abuts the main road leading to the railway station and Anaj Mandi and that the acquired area has great potential value not even now but even at that time the area had been acquired. It has also been averred that the acquired area could have been converted for raising the houses and shops etc. and in that eventuality could have fetched far more price than for what it has been acquired. In the vicinity of the area, the building of Civil Hospital, building of State Bank of India and also the Police Station were in existence. Apart from this, RW2 Shri D.S. Gupta, Sub Divisional Officer, Mohindergarh, admitted in his cross-examination that the area is in the process of being developed as the commercial shops have also come into existence and even residential complex is also coming up. Though the cross- objector has made reference to the sale deed Ex.PC dated 7.10.1980 where the rates so determined were about Rs. 95/- per square yard and in this regard, learned counsel for the appellant has submitted that the area in question which has been stated in the sale deed is too small. The rule is smaller the area expensive it is. Thus, the sale deed is of no help for coming to the conclusion as to what shall be the rate to which cross-objector is entitled to.