BHAJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is claimant's appeal filed under Section 54 of the Land Acquisition Act, 1894 (for brevity the Act) challenging the judgment dated 3.1.1984 passed by the District Judge, Faridabad dismissing the application of the claimant-appellant for enhancing the amount.

(2.) RESPONDENT -State issued a notification under Section 4 of the Act on 27.4.1979 for acquisition of land for the public purpose of establishing Grand Market at Mohna. The Land Acquisition Collector vide his award dated 29.8.1980, awarded Rs. 15,000/- per acre for the acquired land. The Reference Court vide impugned order dismissed the application filed by the claimant- appellant under Section 18 of the Act and declined his prayer for enhancement. The operative part of the order reads as under :

(3.) SHRI Sidharath Sarup, learned State Counsel has not been able to dispute this proposition but has pointed out that no reliance could be placed on either Ex. P.5 which is a sale instance dated 16.9.1981 nor on the statement of PW.1 Puran. According to him no post acquisition sale or notification or award could be relied upon in respect of acquisition of adjacent areas because of the obvious reason that the market value would escalate after the previous notification. Similarly, the statement made by Puran is also not reliable because he has neither sold or purchased any land before the issuance of notification under Section 4 of the Act nor he has been a witness to any such sale deeds.