BHUPINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Regular First Appeal has been filed by the claimant-appellant against the judgment of Shri R.C. Jain, Additional District Judge, Ambala rendered in L.A.C. Case No. 28/4 of 1981 on 8.4.1982.

(2.) NOTIFICATION No. 20018 dated 18.11.1976 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") was published in the Haryana Government Gazette on 23.11.1976. Thereafter Notification No. 104/D-2 dated 4.1.1978 under Section 6 of the Act was published in the Government Gazette on 17.1.78. The land measuring 7 kanals and 16 marlas of the appellant in Village Patti Mehar, Tehsil and District Ambala was sought to be acquired at public expense for a public purpose, namely, for the construction of a new building of the Police Station, City Ambala and Family quarters for Police Staff. The Land Acquisition Collector, PWD (B&R), Ambala Cantt. (hereinafter referred to as "the Collector") assessed the market value of the acquired land at the rate of Rs. 31/- per sq. yard at the time of Notification under Section 4 of the Act vide his award dated 29.11.1979 and awarded a sum of Rs. 1,46,289.00 as the total price of the acquired land besides compulsory acquisition charges at the rate of 15% amounting to Rs. 21,943.35. He did not award any amount in respect of the structures standing in the area under acquisition, as the land owner had allegedly made a statement before him stating that he would be removing the Malba of the structures at his own cost. The land owner/claimant being not satisfied with the award of the Collector, filed objections under Section 18 of the Act before the learned Additional District Judge, Ambala. It was pleaded that the Collector had failed to take into account the potentiality of the acquired land. He also did not award any compensation for the buildings existing on the spot, even though their market value was not less than Rs. 5.00 lakhs. It was further pleaded that the Collector had also ignored the fact that the claimant had suffered damages on account of acquisition as also the fact that he had entered into an agreement for leasing out the premises to the Food Corporation of India at the rate of 48.00 paise per sq. foot. A claim was also made for a sum of Rs. 10,000/- by way of liquidated damages. A sum of Rs. 25,000/- was claimed as expenses for shifting from Ambala to Delhi. The claim put forward was controverted by the State. The learned Additional District Judge framed the following two issues :-

(3.) HAVING given the aforesaid findings with regard to the acquired land lying in Patti Mehar, Ambala City and that the circumstances of similar acquisition, the instance was, however, ignored. Copy of the judgment in the earlier instance was placed on record as Ex. A-6. The same had been ignored on the ground that the date of notification in the earlier instance was 22.5.1978 which was 1-1/2 years after the date of Notification in the present instance. It was observed that in the absence of the concerned sale-deeds, copies of mutations Exs. RX, RY and RZ are of no consequences. After discussing the evidence, it has been held by the learned Additional District Judge that the market value of the acquired land was not less than Rs. 40/- per sq. yard at the time of Notification under Section 4 of the Act. Therefore, the compensation was enhanced by Rs. 9/- per sq. yard over and above the compensation already awarded. The appellant was also held to be entitled to solatium on the enhanced compensation at the rate of 15%, and interest at the rate of 12% per annum from the date of possession having been taken over till actual payment.