NORANG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is claimant's appeal against the award of the Additional District Judge, Kurukshetra dated February 12, 1988 passed in a reference under the Land Acquisition Act, 1894 .

(2.) State of Haryana, vide notification dated March 11, 1981 issued under Section 4

(3.) Learned counsel for the appellant has now pressed this judgment of the court seeking enhancement of the compensation for the reason that there is a time gap of about 8 years between the subject-matter of acquisition of the above mentioned appeal, viz-a-viz., the present appeal and so urged that following the judgment of this Court in Inder Singh v. State of Punjab, 1988 1 RRR 250 the appellant is entitled to increase at a minimum rate of 12% per annum over and above the price for the year 1973 and so claimed market value of the acquired land at the rate of Rs. 73/- per square yard. This decision in fact has no bearing upon the facts of the present appeal. The land in the present appeal is far away from Kurukshetra. There is no evidence on record that land subject-matter of the present acquisition comes within the municipal limits or is otherwise surrounded by the bus stand, Cinema, factories etc., as has been held in the acquisition of 1973. But for the fact that this land is being acquired by the State for developing a presidential and commercial area sector Urban Estate, Kurukshetra too; there is no similarity between these two acquisitions. Land in the present appeal is neither situate in the municipal limits of Kurukshetra town nor is surrounded by factories, buildings, bus stop etc. etc. This decision in RFA No. 7 of 1982 cannot be made basis to assess the market value of the land acquired.