KASHMIRI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment I dispose of as many as 14 appeals i.e. R.F.A. No. 1848 of 1994. Kashmiri Lal. etc. v. State of Haryana and another, R.F.A. No. 1849 of 1994 Gian Chand and others v. Haryana State and another, RFA No. 1850 of 1994 Sri. Ram and others v. Haryana State and another, RFA No. 1851 of 1994 Wary am Singh v. Haryana State and another, RFA No. 1852 of 1994 Gurdip Singh and another v. Haryana State and another, RFA No. 1853 of 1994 Krishan Lal Bali v. Haryana State and another, RFA No. 1854 of 1994 Mrs. Swaran Bali and others v. Haryana State and another, RFA No. 1855 of 1994 Shri Ram Gopal and others v. Haryana State and another, RFA No. 1856 of 1994 Harnam Singh v. Haryana State and another, RFA No. 1891 of 1994 Dharam Pal Gupta and others v. State of Haryana and another, RFA No. 2021 of 1994. Davinder Singh Bali v. The State of Haryana and another, RFA No. 2022 of 1994 Surinder Kumar Bali v. State of Haryana and another, RFA No. 2023 of 1994 Aruna v. State of Haryana and another and R.F.A. No. 2390 of 1994 Shri Hukam Chand Gupta etc. v. Haryana State and another, which have arisen from the judgment dated 3/5/1994 passed by the Court of Additional District Judge, Karnal who awarded compensation to the land owners of the acquired area at the rate of Rs. 43.87 per square yard. He further held that landowners shall be entitled to compensation in the shape pf damages under Section 48 of the Land Acquisition Act, at the rate of 6% on the market value of the acquired land for the period 2/5/1973 to 20/4/1982. The petitioners were also held entitled to the additional amount at the rate of 12% on the market value of the land, under section 23(1-A) of the Act from the date of publication of the notification under Section 4 of the Act upto the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. The land owners were further made entitled to solatium at the rate of 30% of the market value under Section 23(1-A)(2) of the Act besides interest at the rate of 9% on the enhanced amount from the date on which the Collector took possession of the land to the date of payment of such excess into Court for one year and, thereafter at the rate of 15% per annum till the date of the payment.

(2.) The brief facts of the case are that land measuring 82.88 acres in village Karnal Had Bast No. 1, Tehsil and District, Karnal was acquired by the Haryana Government as per its Notification No. LAC(F)-85/NTLA/502, dated February 10, 1983 issued under Section 4 of the Land Acquisition Act. 1894 (hereinafter referred to as the Act) for public purposes namely for the development and utilisation of land as institutional and commercial area to be set up in sector 12 at Urban Estate, Karnal under the Haryana Urban Development Authority. Notification under section 6 of the Act was published in Haryana Government Gazette dated October 8, 1985. The Land Acquisition Collector rendered the award in respect of the land measuring 82.41 acres after actual measurement. He assessed the market value of the acquired land at the following rates:- (i) Chahi Land @ Rs. 92.000/- per acre, (ii) Nehri Land @ Rs. 92.000/- per acre, (iii) Gair Mumkin @ Rs. 40.250/- per acre. In addition, he awarded solatium at the rate of 30% of the market value of the acquired land and additional amount of 12% under Section 23(1-A) of the Act.

(3.) Feeling aggrieved and dissatisfied with the award of the Land Acquisition. Collector, the land-owner filed reference under Section 18 of the Land Acquisition Act and they claimed the market value cf the acquired land at the rate of Rs. 5.000/- per square yard on the basis of instances enumerated in para No. 8 of the petition. They also pleaded that though the acquired land was being used for agricultural purposes, yet it had immense potentiality for institutional and commercial purposes. The acquired land was situated near the HUDA colony, By-pass and Model Town. The compensation awarded by the Land Acquisition Collector, was very low. The land in question was situated within the municipal limits of Karnal and. the general Bus Stand of the city was hardly at a distance of two furlongs from the acquired land. The petitioners/appellants have also pleaded that initially the land in dispute was acquired by the Haryana Government in November, 1973 but the award was not announced by the Land Acquisition Collector and thereafter the acquisition was quashed by the Hon'ble High Court in the year 1982. They have claimed compensation in that respect. The petitioners- appellants have also claimed compensation in respect of tubewell building, superstructures and trees etc.