LAWS(P&H)-1990-11-46

CHANDER PARKASH Vs. STATE OF HARYANA

Decided On November 29, 1990
CHANDER PARKASH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS judgment of mine would dispose of Regular First Appeals No. (sic) 1025, 1089 to 1094 1131, 1153 to 1171, 1329 to 1337, 1342, 1700 to 1704, 1841 1910 1989 : and 2332 of 1989, 182, 183 185, 186, 282 and 283 of 1990 filed by the claimants and Regular-First Appeals No. 2375. 2377, 2381 to 2383 2385 to 1389, 2426 to 2431, 2433, 2434 2458 to 7446. 2448 to 2453, 2455, 2455, 2459, 2460, 2462 to 2469 and 2472 of 1989, filed by the State of Haryana, as they arise out of one award of the Additional District fudge. Hissar, dated 28.-24. 1989. The claimants 'have sought enhancement of compensation in their appeals whereas the State has craved the indulgence of this Court, for reducing the ammount of, compensation The State of Haryana, by issuance of Notification, dated 18 6 1984, under Section 4 of the Land Acquisition Act (hereinafter the Act), sought to acquire land measuring (sic) Karal 2 Marias, which was reduced to 3026 Kanals-17 Marks. The acquired land is situated in village Satrod Khas, within the municipal limits of Hissar. It has been acquired for extension of Cantonnent. The lard Acquisition Collector passed award No. 6, dated 21-l-1986, dividing the lard into four categories and assessed compensation for various categories as under :category Kind of land Rate per acre 'a' Land adjoining on the northern side Rs. 60,000/ of by-pass as shown in Annexure 'a" 'b' Land next to the adjacent land to Rs. 40/00/ Annexure 'a' Khasrawise details in annexure 'b' 'c' Nehri Chahi land detailed in anne- Rs. 25,000/xure 'c' 'd' Barani and Tal land as detailed in Rs. 15,000/annexure 'd' Besides, the compensation for land, trees, buildings, and tubewells were also evaluated. The claimants feeling dissatisfied with the award, sought references, under Section 18 of the Act, which were consolidated. The Additional District Judge abolished tie four categories and made two blocks. Lands falling in block A' were evaluated at Rs. 1 lac per acre, whereas lands falling in block 'b' were evaluated at Rs. 50,000/- per acre. The Additional District Judge ordered attachment of two annexures alongwith the judgretnt, specifying rectangle numbers and khasra numbers falling in the two blocks, without giving in the judgment the specific criteria, on the basis of which two blocks were made

(2.) IN these appeals before me, counsel for both the parties have confined their arguments to the valuation of lard only and did not challenge the correctness of the assessment of compensation regarding other items, i e. , trees, buildings and tubewells, etc. etc.

(3.) LEARNED counsel for the claimants, Shri D. S. Bali, Senior Advocate Mr. Jaswaint Jain, Shri L. N. Verma Advocate, Shri Surja Kant, Advocate, Shri C. R. Dahiya, Advocate, Mr Aman Dahyia, Advocate and Shri G. S Jaswal Advocate and Shri S. C. Mohunta, Advocate General, Haryana, assisted by Shri P. N. Makani, Advocate have been heard by me.