LAWS(P&H)-2001-1-120

INDER SINGH Vs. STATE OF HARYANA

Decided On January 25, 2001
INDER SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) BY this judgment, I dispose of R.F.A. Nos. 2014 of 1986, Inder Singh v. State of Haryana and other, RFA No. 2013 of 1986, Ranga Singh v. Haryana State and other, RFA No. 2164 of 1986, Gursharan Singh and others v. Haryana State and RFA No. 2165 of 1986, Sukhchain Singh v. Haryana State and others as all these four appeals can be disposed of by one judgment arising out from the same award.

(2.) THESE appeals have been directed against the judgment dated 3.6.1986 pased by the Court of Additional District Judge, Hisar vide which he maintained the amount of compensation which was awarded by the Land Acquisition Collector holding that the market value of the land in question was not more than Rs. 45,000/- per acre on 18.3.1983 and that the appellants are not entitled to any compensation. Apart from this, the learned Additional District Judge granted solatium at the rate of 30%. He also granted additional amount equivalent to 12% of the amount of compensation as provided under Section 23(1-A) of the Act from 18.3.1983 till the date of the award i.e. 13.8.1984. He further ordered that Collector shall also pay interest on such excess at the rate of 9% per annum from the date he took the possession of the land to the date of payment of such excess into Court. In case of failure to make this payment of such excess within one year from the date on which possession was taken, interest at the rate of 15% per annum shall be calculated from the date of the expiry of the said period of one year on the amount of such excess or part thereof which has not been paid in the Court before the date of such expiry.

(3.) THE claimants/landowners demanded compensation before the Land Acquisition Collector at the rate of Rs. 70,000/- per kanal and few claimants demanded compensation ranging from Rs. 1000/- to Rs. 1500/- per square yard. The rate which was supplied by the District Collector was Rs. 45,000/- per acre. The Land Acquisition Collector awarded the compensation at the rate of Rs. 45,000/- per acre. 10 trees were also found standing in the acquired area and the Forest Officer assessed their value at Rs. 425/-. With regard to the superstructure the compensation was assessed at Rs. 19090/-. In short the amount which was awarded by the Land Acquisition Collector was accepted by the land owners under protest and they were not satisfied with the compensation. They filed the reference under Section 18 of the Land Acquisition Act.