PAWAN KUMAR Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) GOVERNMENT of State of Haryana on 23.1.1990 issued a notification under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, to acquire 72.03 acres of land in village Rewari and Dhailawas, Tehsil and District Rewari. In furtherance thereto, notification was issued under Section 6 of the Act on 22.1.1991. On actual measurement only possession of 71.87 acres of land was taken by the Government, which was acquired for a public purpose, namely, for development and utilisation of the land for residential and commercial purpose in Sector 3 Part-II, Rewari. The Land Acquisition Collector after affording opportunity to the parties to put forward their objections vide his award No. 15 dated 25.3.1992 categorised the land of both the villages into three different categories and awarded the following compensation to the claimants of their lands :- Amount in both villages :- Chahi Magga Gair Mumkin Rs. 1,75,000/- Rs. 1,40,000/- Rs. 1,50,000/-

(2.) THE claimants preferred references under Section 18 of the Land Acquisition Act praying for enhancement of the amount of compensation awarded to them. 35 claimants had preferred the references before the learned Additional District Judge, Rewari, who vide his award dated 12.4.1994 after following the due process enhanced the compensation payable to the claimants and altered the categorisation of the land on the basis of nature of land and converted the same into three different blocks depending upon the location and potential of the land. The learned Judge granted the following enhanced compensation to the claimants. :-

(3.) THE learned counsel for the claimants had referred to the evidence produced by the claimants on record and raised the following main submissions :-