KHAYALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this judgment, I would be disposing of Regular First Appeal Nos. 2447 to 2462, 2537, 2552, 2553, 2616 of 1990 and 1212 of 1991 filed by the land-owners and Regular First Appeal Nos. 914 to 934 of 1991 filed by the State of Haryana as they arise out of common award of the Additional District Judge, Kurukshetra, dated 31.8.1990. In the appeals filed by the land-owners, they have sought enhancement in the amount of compensation, whereas in the appeals filed by the State of Haryana, reduction in the amount of compensation has been sought.

(2.) The land measuring 148 acres - 6 kanals situated in village Patti Gaddar, Deedkheri and Narar, Tehsil Kaithal, District Kurukshetra (now District Kaithal) was acquired by the State of Haryana by issuance of a notification dated 21.9.1988 under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') for Kaithal Co-operative Sugar Mills. The Land Acquisition Collector vide his award dated 14.11.1988 assessed the market value of the acquired land at the rate of Rs. 40,000/- per acre.

(3.) On reference under Section 18 of the Act, the Additional District Judge, Kurukashetra has determined the market value of the acquired land at the rate of Rs. 1,00,000/- per acre. While evaluating the land at the rate of Rs. 1,00,000/- per acre, the Additional District Judge, Kurukshetra has relied upon the award in Khan Chand v. State of Haryana, Exhibit P-12. In Khan Chand's case , the land situated in Patti Kaiseth Seth was acquired for development of residential and commercial area vide notification dated 14.7.1982. The Additional District Judge, Kurukshetra vide Exhibit P-12 assessed the market value of the land acquired in Patti Kaiseth Seth at Rs. 70,000/- per acre. The land acquired in Khan Chand's case was situated at a distance of two furlongs from the Kaithal city. It may be observed at the very outset that this Court has modified the award Exhibit P-12 and evaluated the land acquired in the previous case at the rate of Rs. 86,400/- in Regular First Appeal No. 1119 of 1990 decided on 28.9.1993.