INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall be read in continuation of the order dated April 27, 1987, passed by this Court.

(2.) THIS Regular First Appeal has been filed by the claimant land-owner against the award date June 3, 1985, passed by Additional District Judge, Gurgaon, vide which the market value of the acquired land was assessed at the rate of Rs. 26/- per square yard and the appellant was also granted all the statutory benefits under the amended provisions of the Land Acquisition Act, 1894, (hereinafter referred to as 'the Act'), including the benefits of 12% additional amount under Section 23(1-A) of the Act.

(3.) INITIALLY , this appeal was disposed of by this Court on April 8, 1987 in terms of the decision rendered in Regular First Appeal No. 933 of 1985, which was arising from the same acquisition, in which the market value of the acquired land was enhanced from Rs. 26/- to Rs. 30/- per square yard. Subsequently, on an application filed by the appellant, the said order was re-called by this Court vide order dated April 21, 1987, as while disposing of the appeal the claim of the appellant regarding entitlement of compensation on account of severance and trees standing on the acquired land was not considered. Thereafter, the matter was considered on merits and vide order dated 27.4.1987, this Court partly allowed the appeal qua the acquired land and the value of the acquired land of the appellant was assessed at Rs. 30/- per square yard in terms of the decision rendered by this Court in RFA No. 933 of 1985 (Dhani Ram v. Haryana State and others) decided on April 8, 1987. The appellant was also held to be entitled for all the statutory benefits under the amended provisions of the Act, including 12% additional amount under Section 23(1-A) of the Act. Regarding claim of the appellant for compensation on account of severance; it was held that there was no substance in the said claim. However, regarding the claim of the appellant for compensation for the trees standing on the acquired land, report of the Additional District Judge was called for under Order 41 Rule 25 of the CPC whereby he was directed to assess the market value of the trees standing on the acquired land on the date of notification under Section 4 of the Act, after taking evidence from both the parties.