STATE OF HARYANA Vs. MALTI DEVI

JUDGEMENT

(1.) THE State of Haryana has filed the instant appeal against the award dated 8.12.1987 passed by learned District Judge, Faridabad, by alleging that the benefit of additional amount @ 12% per annum under Section 23(1-A) of the Land Acquisition Act (hereinafter referred to as 'the Act') has been wrongly granted to the respondents-claimants.

(2.) VIDE notification dated 24.3.1971 published on 30.3.1971 under Section 4 of the Act, the State of Haryana acquired 137.42 acres of land for the purpose of planned development of Sector 19 in Ballabgarh-Faridabad. The Land Acquisition Collector, vide his award dated 12.1.1973, determined the market value of the acquired land. Feeling dissatisfied against the aforesaid award, the respondent-claimants sought reference under Section 18 of the Act for enhancement of the compensation. The learned District Judge, vide his award dated 8.12.1987, determined the market value of the acquired land @ Rs. 16/- per square yard on the basis of two judgments (Ex.P1 and P2) passed by this Court. The respondents-claimants were further granted the benefit of enhanced solatium @ 30% under Section 23(2) of the Act and interest @ 9% per annum for the first year and 15% per annum for the subsequent years under Section 28 of the Act. They were also held entitled for the additional amount @ 12% per annum on the aforesaid market value under Section 23(1-A) of the Act. Against this award, the State of Haryana has filed the instant appeal.

(3.) I have heard the arguments of learned counsel for the appellant State and have perused the records of the case.