BHAGWANT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of 7 claimant's appeals RFAs No. 2124 to 2129 and 1998 of 1979 and 46 State Appeals RFAs No. 2273 to 2318 of 1979 with Cross Objections by three sets of claimants in RFAs No. 2289, 2291 and 2286 of 1979, as they arise out of the same acquisition proceedings and common awards rendered by the Land Acquisition Collector and Additional District Judge, Ambala.

(2.) By notification published on the 30th January, 1973, the State of Haryana acquired 145-66 acres of land in village Majri, Tehsil Kalka, for development and utilization of land as residential and commercial area for the Urban Estate of Panchkula Township. The Land Acquisition Collector by award dated the 25th July, 1973, formed three blocks, namely, A, B and C and further classified each block on the basis of agricultural quality of land. Varied rates of market value were fixed for different qualities of agricultural land in the three blocks, the highest being Rs. 13500/- per acre for Abadi and the lowest Rs. 1440/- per acre for Gairmumkin. On the acquired land, the claimants had built mostly houses whereas four claimants had set up poultry sheds, offices and godowns for running the poultry sheds and one claimant had Gharat (water mill). Before the Land Acquisition Collector, the claims for buildings, poultry sheds and other structures besides Gharat were made. Besides, the owners of the poultry sheds and Gharat also made claims for loss of business. The Land Acquisition Collector did not allow any compensation for loss of business, but allowed compensation for houses, sheds and structures on the valuation made by the Public Works Department authorities after imposing cuts varying from 10 per cent to 20 per cent as depreciation according to the age of the building.

(3.) The claimants felt dissatisfied with the award of compensation by the Land Acquisition Collector and sought reference under Section 18 of the Land Acquisition Act, which matter ultimately came up for consideration before the Additional District Judge, Ambala. On the contest of the parties, the following issues were framed :-