LAKSHMI NARAIN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appeal is for enhancement of claim for compensation for acquisition of a property which was used as a brick-kiln. The Section 4 notification had been issued on 13.01.1984 and the property acquired was in an extent of about 46.41 acres of land in Nanhera Village, Tehsil and District Ambala. The purpose of acquisition was construction of a staff colony in connection with the Divisional Railway Manager's office at Ambala Cantonment.

(2.) The evidence was that the landowner had obtained a licence for running a partnership business in establishing a brickkiln. He had given evidence of the expenditure which he had incurred in establishing the brick-kiln. The evidence was that he had dug a pit measuring 260 feet x 85 feet, in three feet depth. The following were the items of expenditure said to have been incurred for excavation and labour: Rs. 20,000/- for setting up a border around the pit to a height of 12 feet; cost of bricks and labour Rs. 20,000/-; cost of burning bricks at the brick-kiln Rs. 60,000/-; for making the construction of a pacca path from the road to the brick-kiln at Rs. 18,000/-; installation of tubewell Rs. 14,000/-; two hand pumps at Rs. 4,000/-; construction of office consisting of two rooms and a verandah Rs. 24,000/-; cost of 13 huts for residence of employees Rs. 15,000/-.

(3.) The petitioner contended that in the first year after establishing the brick-kiln, he had a profit of Rs. 30,000/- and over a period of time, the profit would have increased to Rs. 1,50,000/- and would have earned profit for 25 years. The landowner would contend that he had already paid an advance of Rs. 45,000/- to the labour but all the labour went without doing any work and without returning the money which the landowner had given. He also would contend that he had a truck to carriage bricks and he used to also earn a profit of Rs. 400/- per day towards carrier charges. He would refer to a brick-kiln which had been acquired in the village Dangauli where the Collector had awarded Rs. 9,31,500/-. The acquisition of the said brick-kiln and for another brick-kiln acquired at Village Dugri, the Land Acquisition Collector had awarded Rs. 12,30,500/-. According to him, it was peak season for making bricks in the brickkiln at the time when the acquisition notice was made when the cost of the bricks were about Rs. 225/- per thousand. At the time of evidence, he stated that the cost of the bricks were Rs. 700/- per thousand.