BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, I dispose of as many as 22 regular first appeals bearing Nos. 1419 to 1429 of 1992 (11 appeals filed by the land owners) and RFAs Nos. 1828 to 1838 of 1992 (11 appeals filed by the State). All these appeals have arisen from the judgment dated 10.2.1992 passed by the Court of learned District Judge, Ambala, who awarded compensation of the acquired land at a uniform rate of Rs. 3,38,800/- per acre. In addition to this, he also awarded solatium at the rate of 30% and all other consequential benefits including those under Sections 23(1)(A), 23(2) and 28 of the Land Acquisition Act (for short the Act) besides costs which were assessed at Rs. 500/- per proceedings.

(2.) THE land approximately 8 acres was acquired by the Government of Haryana for the benefit of Haryana State Electricity Board for the public purpose for the construction of 66 K.V. Sub Station, Ambala City, and the notification under Section 4 of the Act was issued on 6.12.1988. Notification under Section 6 of the said Act was issued on 23.5.1989. The acquired land is situated in village Patti Acharjan, Tehsil and District Ambala. The Land Acquisition Collector, awarded compensation @ Rs. 50,000/- per acre. The land owners not satisfied with the award of the Land Acquisition Collector, filed references under Section 18 of the Act. Those were referred to the Court which enhanced the compensation from Rs. 50,000/- per acre to Rs. 3,38,800/- per acre. The land owners are not still satisfied with the award of the Court. Similarly, the State was not satisfied with the same. Both of them have filed the present appeals.

(3.) AS per the claimants, the market-value of the land on the date of acquisition was Rs. 24 lacs per acre because this land was of great potential value and it could be used for the residential and commercial purposes. On the contrary, the stand of the State is that the land is purely agricultural in nature and the Land Acquisition Collector has rightly awarded the compensation. The learned trial Court framed the following issues for the disposal of the references made by the land owners :-