SIRI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of ours will dispose of 113 letters Patent Appeals (LPA Nos. 479 to 481, 506 to 509, 568, 1647, 1657 to 1661, 1676 to 1706, 1756, 2138 to 2153, 2298, 2299, 2303 to 2309 of 1989, 121, 123 to 129, 366 to 372, 475 to 479,579 to 590, 648, 851, 883 to 887, 889 to 891 of 1990) as the common question of law and fact is involved in all these appeals, except in one LPA i.e. LPA No. 1694 of 1989, to which reference will be made in this judgment separately. For purposes of the decision, facts from paper-book of LPA No. 1676 of 1989 are being adverted to.

(2.) In pursuance of notification dated 29th March, 1979, issued under section 4 of the Land Acquisition Act, (hereinafter referred to as the 'Act'), the Government of Haryana acquired 186.353 acres of land in village Niganiawas, tehsil Rewari, district Mohindergarh, which included the lands of the appellants. The land was acquired at public expenses for public purpose, namely, for the construction of Massani Barrage, by the Irrigation Department. The land Acquisition Collector gave the award on 17.1.1980 and assessed the compensation as follows.

(3.) It may be noticed that the learned Single Judge while enhancing the compensation had mainly relied upon the judgments in RFA No. 669 of 1985 (State of Haryana v. Dhani Ram Yadav) and RFA No. 670 of 1985 (State of Haryana v. Bani Singh) decided by I.S. Tiwana, J. on 4th November, 1988, by which the market value of the acquired land of those landowners was fixed at the rate of Rs. 24,000/- per acre for Chahi land. The learned Judge in the above-noted R.F.As was dealing with The same notification dated 29th March, 1989, as in the present case. The purpose of the notification was also the same i.e. construction of Massani Barrage. After perusing the plans, the learned Single Judge held that the boundaries of the village in which the land was situated in the abovenoted R.F.As and in the present appeals adjoin each other and further noticing the fact that the abadi of both the villages, i.e. the village in the abovenoted R.F.As and the village in the present cases was at a distance of 1 KM from the acquired land and the Panchayat of both the villages was also the same in view of these considerations, the learned Single Judge, after relying upon the judgments in the above noted R.F.As, enhanced the compensation as has already been indicated above.