STATE OF HARYANA Vs. DOSTI

JUDGEMENT

(1.) THIS Regular First Appeal is directed against the judgment/award dated 31.8.1981 passed by Additional District and Sessions Judge, Ambala. Vide the impugned judgment, the learned Reference Court enhanced the compensation payable to the claimant for the acquisition of their land at the rate of Rs. 30,000/- per acre.

(2.) WHILE impugning the award, the learned counsel appearing for the State of Haryana contended that the enhancement being nearly five times more than the amount awarded by the Collector is apparently excessive and disproportionate to the actual market value of the land in question. He further contended that there is no direct evidence to substantiate the extent of compensation awarded to the claimants.

(3.) THE Government of Haryana issued a notification under Section 4 of the Act on 27.5.1971. Notification under Section 6 was issued on 27.8.1971. Thereafter, the land of the petitioners was acquired and the learned Collector vide his award dated 8.8.1972 awarded a sum of Rs. 6,400/- per acre for chahi land and Rs. 5,200/- per acre for barani land and Rs. 4,800/- per acre for banjar qadim. Claimants being dissatisfied with the award of the Collector, preferred a reference under Section 18 of the Act before the learned Reference Court claiming enhancement at the rate of Rs. 20/- per sq. yard (Rs. 80,000 per acre).