YAGYA PARKASH GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Regular First Appeal Nos. 245 to 247 of 1979 filed by the claimants and Cross Appeals Regular First Appeal Nos. 303 to 305 of 1979 filed by the State, as they arise out of the same acquisition proceedings and a common award.

(2.) By notification published in February, 1973, the State of Haryana acquired 11 kanals 2 marlas of land belonging to the three claimants, who are brothers, for extension of a municipal park within the town of Ambala City. The Land Acquisition Collector by award dated 2nd March, 1976, awarded compensation at the rate of Rs. 15/- per square yard for 6 kanals 16 marlas bearing khasra No. 526 and Rs. 10/- per square yard for the remaining land, which was in depression, bearing khasra Nos. 523 and 524. The depression is stated to be 7 to 8 feet. In the depression, water remains standing for most part of the year.

(3.) The appellants sought references under Section 18 of the Land Acquisition Act, which came up for consideration before the Additional District Judge, Ambala, who, on the context of the parties, framed the following issues :-