ANTU SON OF SEHZADA SON OF DIWANA, RESIDENT OF VILLAGE KAUL, TEHSIL KAITHAL AND OTHERS Vs. STATE OF HARYANA THROUGH THE LAND ACQUISITION COLLECTOR, KAITHAL AND ANOTHER

JUDGEMENT

(1.) (Oral)- All the appeals are for enhancement of compensation for the properties acquired. The issue is simple and the calculations are just as well not complicated. This genre of litigation constitutes the biggest influx to the Court, more than even accident claims, with no matching results of disposal. We need a strategy for quicker disposal with optimum details graphically brought out not only for easier compensation but also for more accurate results that could bring a higher quotient of litigant satisfaction. I would suggest a judicial approach for the lower Courts to follow so that a greater output is achieved. It shall be the endeavour of the Court to detail the date of notification issued under Sec. 4, the total extent of property acquired, the purpose of acquisition and the assessment made by the Collector. If there are also additional details such as the location of the property as conducing for higher assessment, the same should be set forth. The special features of the property like existence of trees or structures are also to be given. This shall constitute the preamble of the judgment.

(2.) While dealing with the several documents cited, it has been the experience that parties rely on sale instances prior to notification as well as after notification. It shall be appropriate that the Court tabulates the necessary details of sales with reference to the exhibit numbers, the dates, the extent, the consideration, the value per acre and the information of whether the sale instances are located in any rough sketch filed by any of the parties. The determination of valuation already made through awards passed by a reference Court or in a higher forum are also cited as exemplars and the Court shall set down the details with reference to the date of notification, the extent and the village where the property is situated and the compensation awarded by the Court to the extent to which they are relevant for consideration at the time when the Court determines compensation. This makes way for a quicker comprehension for a litigant to know how the valuation is assessed and if such an award is challenged in a higher forum, for the higher Court to come to grips with the facts without much ado. It could bring to pellucidity its approach to the factual details brought through documentary and oral evidence. I would suggest the following as a kind of template for the trial Court to adopt and I incorporate the details that pertains to this case: I DETAILS OF AWARD <FRM>JUDGEMENT_194_LAWS(P&H)12_2012_1.html</FRM> II SALE INSTANCES <FRM>JUDGEMENT_194_LAWS(P&H)12_2012_2.html</FRM> Post notification <FRM>JUDGEMENT_194_LAWS(P&H)12_2012_3.html</FRM> Previous award <FRM>JUDGEMENT_194_LAWS(P&H)12_2012_4.html</FRM>

(3.) While tabulating the sale instances with particulars, the following factors are kept in mind, which incidentally are relevant in the instant case as well: