BALMUKAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is claimants' appeal filed under Section 54 of the Land Acquisition Act, 1894 (for brevity 'the Act') challenging the order dated 29.11.1986 passed by the learned Additional District Judge, Bhiwani. On an application filed by the claimant-appellants, the learned Additional District Judge has enhanced the compensation to Rs. 24,000/- per acre and modified the award of the Collector dated 4.9.1985 awarding Rs. 12,000/- per acre. The Additional District Judge has principally relied upon two sale transactions exhibits P-6 and P-8 dated 19.4.1982 comprising 10 Marlas and 1 Kanal of land respectively. The land covered by the sale transactions is adjacent to the land acquired by the respondent.

(2.) BRIEF facts of the case are that a notification under Section 4 of the Act expressing the intention to acquire the land of the claimant-appellants was issued on 12.10.1984. The object of acquisition was allotment of residential plots to landless Harijans, members of Backward Classes. The land was acquired and a notification under Section 6 of the Act was issued on 22.5.1985. The Collector announced his award on 4.9.1985 awarding Rs. 12,000/- per acre for the nehri land. Thereafter, the claimant-appellants filed application under Section 18 of the Act seeking enhancement of the compensation by citing various sale transactions. The Additional District Judge has awarded Rs. 24,000/- per acre to the claimant-appellants primarily relying upon sale transactions exhibits P-6 and P-8. Feeling aggrieved, the claimant-appellants have approached this Court under Section 54 of the Act for further enhancement.

(3.) SHRI Sidharath Sarup, learned State Counsel has pointed out that the sale transactions Ex.P.1 and P.7 would reflect the down trend of the price of the land and therefore, the sale transactions Ex.P.6 and P.8 which were showing the rate of land at Rs. 6/- and Rs. 6.60/- per sq. yard has been rightly taken into consideration. According to the learned State counsel the price of the land in 1978 was Rs. 11.40 as is evident from Ex.P.1 and Ex.P.7 shows that on 1.12.1981 the price of the land is lower i.e. Rs. 10/- per square yard. It further went down to Rs. 6.60 on 19.4.1982.