GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment would dispose of above noted 13 appeals (RFA No. 4271-72, 4467, 4655, 4684-85, 471 of 1998, 313, 255, 553, 3706, 3707 of 1999 and 3934 of 2006) filed by the land owners impugning the judgment/Award dated August 28th, 1998 passed by the Additional District Judge/Court of Reference (for short "the Court of Reference"), Sirsa.

(2.) Pursuant to the notification dated November 1st, 1994 under Section 4 of the Land Acquisition Act (for short 'the Act'), 21.24 acres of land of Ellenabad town, District Sirsa was acquired for the construction of bye-pass from Sirsa-Ellanabad road to Hanumangarh-Tibbi road. The Land Acquisition Collector vide Award dated December 17th, 1996 assessed the market value of the acquired land by categorising the same into six blocks, that is, Nehri, Chahi, Barani, Gair Mumkin, Gair Mumkin Bhatha and Gair Mumkin Godam and assessed the market value at the rate of Rs. 2 lacs per acre for Nehri, Chahi, Gair Mumkin Godam and Gair Mumkin lands and Rs. 1,50,000/- per acre for Barani lands and Gair Mumkin Bhatha. Dis-satisfied therewith, the land owners filed references under Section 18 of the Act and the Court of Reference determined the market value of the acquired land at the gross rate of Rs. 6,40,000/- per acre discarding the belting system adopted by the Collector. Thereafter, 40% cut was applied for development charges thereby assessing the market value at the rate of Rs. 3,84,000/- per acre.

(3.) The Court of Reference upheld the market value assessed by the Collector with regard to boundary wall, residential house, tubewell etc. on account of lack of evidence.