LAWS(P&H)-2011-10-34

STATE OF HARYANA Vs. NEERU GUPTA

Decided On October 31, 2011
STATE OF HARYANA Appellant
V/S
Neeru Gupta Respondents

JUDGEMENT

(1.) This judgment shall dispose of 14 Regular First Appeals i.e. 5606 to 5619 of 2010 as the same have arisen out of one common award of the Reference Court.

(2.) Vide notification dated 18.08.2005 issued under Section 4 of the Land Acquisition Act, 1894 (for short the 'Act'), Government of Haryana, intended to acquire land measuring 23.49 acres situated at village Malikpur for construction of BML Hasni Branch, Butana Branch Multi Purpose Link Channel. The aforesaid notification was followed by a declaration dated 13.09.2005 under Section 6 of the Act. The Land Acquisition Collector assessed the market value of the land at the rate of Rs. 5 lacs per acre for Nahri/Chahi/Gair Mumkin kind of land.

(3.) Dissatisfied with the aforesaid award of the Land Acquisition Collector, landowners/appellants filed reference applications under Section 18 of the Act seeking enhancement of compensation. Vide impugned award Ld. Reference Court assessed the market value of the acquired land in question at the rate of Rs. 8 lacs per acre. The Reference Court further held that the landowners whose land has been bifurcated because of acquisition were also entitled to Rs. 50,000/- per acre, on account of loss caused because of bifurcation of their land.