DEEP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS regular first appeal is directed against the judgment and award dated 20.8.1997 passed by the learned District Judge, Gurgaon, answering references under Section 18 of the Land Acquisition Act (hereinafter referred to as "the Act"). It may not be necessary to state the facts of this case in greater detail. Suffice it is to know that the Haryana Government acquired the land vide notification under Section 4 of the Act dated 20.4.1990. Vided award 8 of 1992-93 the Land Acquisition Collector granted compensation to various claimants at the following rates :

(2.) A large number of claimants had filed reference under Section 18 of the Act which were disposed of by the learned District/Additional District Judge vide different awards and judgments.

(3.) VIDE the present judgment the Additional District Judge only answered one reference and declined to enhance any amount as the claimants had failed to lead evidence to show the market value of the land in question as well as their claim in regard to superstructure existing on the land which was subject-matter of the acquisition. Despite opportunities, they had failed to conclude the evidence. Thus, the learned Court dismissed the references, maintaining the award of the Land Acquisition Collector. Aggrieved from the said judgment the present appeal has been filed and it has been stated that the counsel had noticed a wrong date, as a result of which the evidence could not be produced nor the counsel could appear on the date in question, which ultimately resulted in dismissal of the reference. It has also been pleaded that the counsel had appeared on all the dates which were given for recording of evidence, but the evidence was recorded in connected reference on 22.4.1996. However, on one date the counsel could not appear as he had wrongly noticed the date which resulted in the passing of the impugned order.