STATE OF HARYANA Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Vide this judgment Regular First Appeal as well as cross-objection filed therein are being disposed of. The appeal has been filed by State of Haryana against the judgment of Additional District Judge, Kurukshetra, dated January 20, 1981, whereby compensation for the acquired land was fixed at the rate of Rs. 20,000/- per acre. The State of Haryana wants reduction in the amount of compensation whereas in the cross-objection filed on behalf the respondent-claimants they want increase in the market value of the acquired land. During pendency of the appeal two miscellaneous applications were filed for producing additional evidence. Civil Miscellaneous No. 2225/C-I of 1989 was filed to produce copies of two sale deeds dated September 20, 1973 and December, 12, 1971. With respect to these two sale-deeds before the Additional District Judge, their mutations Exhibits P. 2 and P. 3 were filed. The other Civil Miscellaneous No. 2672/C-I of 1989 was also filed under Order 41 Rule 27 of the Civil Procedure Code for producing another copy of the sale-deed September 20, 1970 relating to which before the Additional District Judge mutation Exhibit P. 5 was filed. This application has been dismissed as not pressed vide separate order passed on the file.

(2.) Since before the Additional District Judge both sides produced only evidence of mutations, which cannot be considered as evidence of sale transaction as held by the Full Bench of this Court in The State of Punjab v. Pohu and another, 1986 RRR 228, the necessity of filing applications for producing additional evidence was felt and the Civil Miscellaneous No. 2225/C-I of 1989 was filed in this Court. It is in the interest of justice and for just decision of the case that these sale deeds are admitted into evidence. The said application is allowed and the copies of the two sale-deeds are exhibited as P-2/A dated September 20, 1973 are P-3/A dated December 15, 1971.

(3.) The State of Haryana acquired 1.91 acres of land in village Guhla, District Kurukshetra vide notification dated March 25, 1975 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). The land was acquired for P.W.D. B&R colony. The Land Acquisition Collector announced award on October 23, 1978 fixing market value of the acquired land category wise i.e. for Nehri at the rate of Rs. 9540/- per acre, Barani Rs. 6360/- per acre and Gair Mumkin etc. Rs. 2120/- per acre. The claimants were not satisfied with the amount of compensation awarded so they moved reference under Section 18 of the Act which was finally disposed of by the Additional District Judge on January 20, 1981, fixing market value of the acquired land at the rate of Rs. 20,000/- per acre. The Additional District Judge also allowed 15% solatium and interest at the rate of 6% from March 20, 1975 till payment.