HARGIAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine would dispose of R. F. A. Nos. 677, 700 to 721, 785, 786, 895, 1287 to 1290, 1398, 1485, 1541, 1613, 1634, 1991 of 1991 and 107 to 115 of 1992 all filed by the appellants-landowners as they arise out of a common Award of the Additional District Judge, Faridabad.

(2.) IN pursuance of Notification dated 30. 4. 1986 published in Haryana Government (Extraordinary) Gazette dated 30. 4. 1986 under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'act'), the State of Haryana acquired land measuring 84. 96 Acres situated in village Mewla Maharajpur, Hadbast No. 4, Tehsil Ballabgarh, District Faridabad for the development and utilization of land as a residential area in Sector 46 of Faridabad. On actual measurement at the spot, the land was found to be 83. 59 acres. Out of the said land measuring 605 Kanals 17 Marlas was Chahi, 5 Kanals 1 Maria was Narmot, 5 Kanals was Benjar Kadim and 52 Kanals 17 Marlas was Gair Mumkin. The Land Acquisition collector by his Award dated 28. 12. 1988 assessed the compensation at the rate of Rs. 20/- per square yard at a flat rate. On reference under Section 18 of the Act, the Additional District Judge has determined the market value of the acquired land at Rs. 25/- per square yard.

(3.) WHILE evaluating the land at Rs. 25/- per square yard, the Addition al District Judge has placed reliance upon another Award given by Shri J. K. Sood, Additional District Judge, Faridabad (Exh. R-16) dealing with the same notification. The Additional District Judge discarded Awards Exhibits P-1 to P-3 of the Land Acquisition Collector and the two sale deeds Exhibits P-5 and P-6 and in my opinion no fault can be found with the approach of the Additional District Judge in this respect.