KAMLESH KUMAR Vs. STATE OF HARYANA, THROUGH COLLECTOR

JUDGEMENT

(1.) Vide this judgment 70 Regular First Appeals (RFA Nos. 105 to 107, 324 with X-Objections No. 57-CI, 325 with X-Objections No. 116-CI, 326,327,328 with X-Objections No. 59-CI, 329 with X-Objections No. 60-CI, 330 with X-Objections No. 117-CI, 331 with X-Objections No. 112-C-I, 332 with X-Objections No. 58-CI, 333 with X-Objections No. 119-CI, 334 with X-Objections No. 61-CI, 335, 336 with X-Objections No. 62-CI, 337, 338 with X-Objections No. 63-CI, 339 with X-Objections No. 118-CI, 340 with X-Objections No. 94-CI, 341 with X-Objections No. 113-CI, 342 with X-Objections No. 114-CI, 343 with X- Objections No. 64-CI, 344 with X-Objections No. 115-CI, all of 1989. RFA Nos. 350 to 352, 367 to 369, 370 with X-Objections No. 107-CI, 371, 372 with X-Objections No. 128-CI, 373, 374 with X-Objections NO. 97-CI, 375 with X-Objections No. 129-CI, 376, 377 with X-Objections No. 101-CI, 378 with X-Objections No. 110-C, 379 to 381, 382 with X-Objections No. 98-CI, 383 with X-Objections No. 130-CI, 384 with X-Objections No. 8-CI of 1991, 385 with X-Objections NO. 131-CI, 386 with X-Objections No. 100-CI, 387 with X-Objections No. l32-CI, 388 with X-Objections No. 133-CI, 389 with X-Objections No. 134-CI, 390 with X-Objections No. 135-CI, 391, 392, 393 with X-Objections No. 71-CI/1989, 394 with X-Objections No. 99-CI 395, 396 with X-Objections No. 136-CI, 397 with X-Objections No. 111-CI, 398 with X-Objections No. 137-CI, 362, 407 and 408 all of 1989. RFA Nos. 1858 to 1861, 2052 to 2054 of 1989 and 2630 of 1989) are being disposed of together as they relate to the same acquisition proceedings. The main judgment is prepared in R.F.A. No. 105 of 1989, Kamlesh Kumar and Ors. v. State of Haryana and Anr..

(2.) State of Haryana acquired 3609 Kanals 16 Marias of land for a public purpose, namely, for the extension of Hissar Cantonment area in Hissar. Notification under Section 4 read with Section 17(1) of the Land Acquisition Act (hereinafter called 'the Act') was issued on June 18, 1984. A notification under Section 6 of the Act was issued on June 25, 1984. The Land Acquisition Collector (Cantonment), vide Award No. 3 dated January 31, 1986, determined compensation payable for the acquired land category-wise as under:- Annexures Rate Per Acre A Rs. 50000/- B Rs. 30000/- C Rs. 25000/- D Rs. 15000/- E Rs. 10000/-

(3.) In order to appreciate the question debated as to whether in the facts and circumstances of this case belting system of determination of market value could be adopted or not, it would be useful to refer to the site plan produced on the record to know the situation of the acquired land vis-a-vis other portions of land covered by sale deeds as well as situation and location of development near the acquired land. Exhibit PW 8/A is the site plan. The existing cantonment is shown in green colour. The land in dispute is towards the East of the existing cantonment. Highway to Delhi is situated towards the South of the existing cantonment as well as the acquired land. Just across the highway and in between the highway and the railway line, there has been development. Several factories have come up. The railway station is towards the South of the highway. Public school already existed which is towards the East of the existing cantonment as situated on the highway itself. 'A' to' I are such plots which are situated near the highway and near the acquired land where manufacturing units have already come up, such as, H.P. Cotton and Textile Mills etc. The residential colony of H.P. Cotton and Textile Mills is further towards the South of the railway line in Rectangle No. 95, as already stated above just near the acquired land, across in between highway and the railway line is the factory of Prakash Tubes. Just towards the railway line from the acquired land existed S.B. Oil Industries. There also existed other industries while going towards the East of the existing cantonment as aforesaid was also acquired. That piece of land was surrounded by Housing Colony plots, Associated Distilleries and other industries.