RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant is aggrieved against the award passed by the learned District Judge, Gurgaon in a reference under section 18 of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act).

(2.) VIDE notification dated 21.10.1982, under section 4 of the Act, land measuring 10 kanals 6 marlas situated in village Rawason Tehsil Nuh, District Gurgaon was acquired for a public purpose. The Land Acquisition Collector assessed compensation at the rate of Rs. 10,000/- per acre, whereas the learned District Judge on reference assessed the amount of compensation at the rate of Rs. 300/- per marla or Rs. 48,000/- per acre. The learned District Judge has relied upon the sale deed Ex.P.2 for a sum of Rs. 4500/- wherein 5 marlas of land was sold. The appellant has also produced agreement of sale Ex.P.1 dated 28.7.1982 in respect of the said sale deed. The learned District Judge has relied upon the sale deed dated 14.2.1983 Ex.P.2 but made deduction of 1/3rd for providing common purposes such as streets and another 1/3rd on account of the that sale being of a tiny plot.

(3.) AFTER hearing the learned counsel for the parties and on going through the records of the case, I find that the deduction made by the learned District Judge is not sustainable.