TIKKA JAGJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both the appeals are at the instance of the landowners, seeking for enhancement of compensation for the value of land and the trees acquired under the Land Acquisition Act. RFA No.1115 of 1992 is in respect of LAC No.9 of 1985/1991 and RFA No.1116 of 1992 is in respect of LAC No.10 of 1985/1991. Both the cases have been disposed of on the same day through independent orders passed by the Additional District Judge, Ambala, on 03.12.1991.

(2.) The acquisition in LAC No.9 of 1985/1991 related to an area of land measuring 1675 acres 2 bigha 1 biswa of Village Asrewali for the purpose of forest plantation and for soil conservation measures. The other village i.e. Nadlan which was the subject of acquisition in LAC No.10 of 1985/1991 was with reference to an extent of 1526 acres 9 biswas. The value of land and trees in both the villages were admitted to be the same and the consideration of both the cases would therefore be without making any distinction between the villages. The notification for acquisition for both the villages were also on the same date, namely, on 25.09.1980. The Land Acquisition Collector had determined the value of the property at Rs. 640/- per acre. The claim of the owner for value of the trees had been completely rejected on the ground that the landowners had cut and removed all the trees which were of some value and utility and what remained were only shrubs and young crops of no commercial value.

(3.) Before the Reference Court, it was contended that the property acquired abutted the road leading from Panchkula to Morni Hills and some other land held by the very same owner in Village Nadlan had been acquired already in the year 1971 @ Rs. 1,608/- per acre against the value claimed by the owner at Rs. 8,000/- per acre.