UMRAO SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal filed under Section 54 of the Land Acquisition Act, 1894 (for brevity, 'the Act') challenges judgment dated 25.3.1983 passed by District Judge, Faridabad awarding compensation to the appellant at the rate of Rs. 18/- per square yard. Learned District Judge has also awarded solatium at the rate of 15 per cent on the enhanced compensation as well as interest at the rate of 6 per cent per annum from the date of taking possession till the date of payment.

(2.) THE respondent-State had issued notification under Section 4 of the Act on 7.12.1976 and the Land Acquisition Collector in his award dated 20.1.1981 had awarded compensation at the rate of Rs. 8/- per square yard. On reference made under Section 18 of the Act, the District Judge vide his judgment dated 25.3.1983 awarded compensation at the rate of Rs. 18/- per square yard. Feeling aggrieved, the claimant-appellant has approached this Court by filing the instant appeal.

(3.) MR . N.K. Joshi, learned State counsel has pointed out that the claimant- appellant cannot claim anything beyond what he had claimed in the appeal i.e. Rs. 1600/- over and above determined by the learned District Judge. The learned counsel has also pointed out that it was the sale instance produced by the appellant which has been made by basis by the learned District Judge to award compensation at the rate of Rs. 18/- per square yard and, therefore, no other argument could be raised by the claimant-appellant.