DAYA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine would dispose of R. F. A. Nos. 481, 482, 487 of 1984 filed by the State of Haryana and R. F. A. No. 1609 of 1984 filed by the claimants The facts of the case lie in a very narrow compass and may thus be noticed.

(2.) IN pursuance of a notification dated October 1,1973 a big chunk of land measuring 102. 65 acres situated in village Mawai was acquired by the State of Haryana for the purpose Of development and utilisation of land as residential area in Sector 28 in village Mawai in Ballabhgarh Faridabad Controlled Area. The afore-mentioned land included the land of the landowners in these appeals The land Acquisition Collector by his Award assessed the market value of the acquired land at Rs. 120/- per marla. The compensation for fruit trees and superstructures was also granted. The landowners feeling aggrieved againt the Award of the Collector sought references under Section 18 of the Land Acquisiton Act (for short 'the Act' ). The Land Acquisition Court framed the following issues :

(3.) THE market value of the acquired land having been determined at Rs. 18/- per sq yard, I have to determine as to what should be the compensation for fruit trees It has remained undisputed that the learned District Judge has granted compensation at Rs. 71551/- by following the formula laid down and published by the Horticulture Department. Since the land along with the fruit trees has, admittedly, been acquired on Ist October, 1973, the landowners in R. F. A. No. 1609 of 1984 are definitely entitled to an increase in the valuation of the fruit trees.