LAWS(P&H)-2011-10-35

DHARAMBIR Vs. STATE OF HARYANA

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

JUDGEMENT

(1.) This judgment shall dispose of 34 Regular First Appeals i.e. RFA Nos. 2646 to 2659, 2670 to 2680 and 4016 to 4024 2011 as the same have arisen out of one common award of the Reference Court dated 24.9.2010, determining market value, of the land in dispute pertaining to Village Bass Akbarpur, which was acquired by issuing notification under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act") on 24.11.2004 for a public purpose namely to construct Bass Multipurpose Channel on State expenditure.

(2.) The Land Acquisition Collector had assessed the market value of the acquired land at the rate of Rs. 5 lacs per acre irrespective of the kind of land along with statutory benefits vide his award dated 20.12.2005.

(3.) Aggrieved from the aforesaid award, the land owners/interested persons qua the acquired land made applications under Section 18 of the Act alleging that the acquired land was very fertile and valuable and the amount of compensation as determined by the Land Acquisition Collector was insufficient and inadequate and while determining the compensation, the Land Acquisition Collector failed to consider the potentiality of the land in question and various other factors which are relevant for determining the market value of the land. The market value of the acquired land was not less than Rs. 40 lacs per acre. On receipt of the aforesaid reference applications, the same were referred to the Court of District Judge, Hisar for adjudication.