SUBASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Additional District Judge, Jind, dated 24.12.1985 whereby the claim made by the claimants in the reference petition filed by them under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act') was disallowed and no enhancement in the award of the Land Acquisition Collector was made.

(2.) LAND measuring 53 Kanals 12 Marlas situated in the outskirts of Narwana was acquired vide notification dated 29.5.1982 for the construction of a Tourist Complex. The Land Acquisition Collector awarded compensation at the rate of Rs. 20/- per square yard and also awarded a sum of Rs. 6,874/- as compensation of the front wall and Rs. 500/- for barbed wire i.e. loss of the expenditure on the fencing. Reference petitions under Section 18 of the Act were filed and the claimants claimed the compensation at the rate of Rs. 100/- per square yard. They also claimed a sum of Rs. 75,000/- on account of the severance of the land, which was left with them. The compensation at the rate of Rs. 100/- per square yard had been claimed on the ground that at some distance of the acquired land there were lands acquired for the purpose of construction of Mini Secretariat and for New Bus Stand at Narwana. It had also been alleged that there was one Ganesh Rice Mill in the nearby locality. On this basis it was claimed that the acquired land had a great potential. In support of their claim they produced sale deed Ex.P3 in order to ascertain the market value of the acquired land. Compensation for eucalyptus trees, which according to the claimants were 500 in number on the acquired land, was also claimed.

(3.) AFTER examining the evidence adduced on record by both the sides, the learned Additional District Judge, Jind, found that no enhancement in the compensation awarded by the Collector can be granted. However, solatium at the rate of 9 per cent per annum from the date of taking possession of the land till the date of actual payment made to the claimants, were granted.