STATE OF HARYANA Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS order will dispose of Letters Patent Appeal No. 2211 of 1989 filed on behalf of the State of Haryana (appellant) and Cross- objections No. 7 of 1990 filed on behalf of Smt. Bhagwati Devi (respondent) arising out of the judgment of the learned Single Judge dated June 2, 1989.

(2.) LAND measuring 3 Kanals and 12 Marlas was acquired by the Government of Haryana vide Notification dated June 13, 1975 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') for extension of 'Sabzi Mandi' in Rewari town. The market value assessed by the Land Acquisition Collector was at the rate of Rs. 10/- per square yard. A reference under Section 18 of the Act was made against this award. The Additional District Judge, Narnaul, vide his judgment dated April 20, 1982, determined the market value of the acquired land on the date of the Notification of Rs. 40/- per square yard besides solatium at the rate of 15 per cent. It was further directed that the appellant-State would pay interest to the respondent at the rate of 6 per cent per annum from the date of taking over possession i.e. January 8, 1976. The Additional District Judge also awarded compensation to the extent of Rs. 2250/- to Lalu Ram (petitioner No. 2 before the Additional District Judge) besides solatium and interest, as stated above.

(3.) THIS Letter Patent Appeal has been preferred by the State of Haryana (appellant) against the judgment rendered by the learned Single Judge dated June 2, 1989. At the time of motion hearing, the learned Senior Deputy Advocate General, Haryana, appearing for the appellant restricted his argument to the grant of benefit under Sections 23(1-A) and 28 of the Land Acquisition Act, as amended whereas the learned counsel for the respondent (Cross Objector) has confined his argument to the extent that cut on the market value determined with reference to the sale transaction (Exhibit P.19) by the learned Single Judge should have been 1/4th instead of 1/3rd.