SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal under Clause X of the Letters Patent is directed against judgment dated 14.9.1987 vide which the learned Single Judge dismissed Regular First Appeal No. 886 of 1985 filed by the appellants for enhancement of the compensation awarded by Additional District Judge (I), Jind.

(2.) THE facts :- The Government of Haryana acquired 57.43 acres of land situated in Jind including 8.17 acres of land belonging to the appellants for construction of Sub Jail. For this purpose, notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 11.7.1980. Vide award No. 34 of 1980-81, the Land Acquisition Collector assessed the value of the land at Rs. 22,000/- per killa (chahi) and Rs. 10,000/- per killa (gairmumkin) for the purpose of compensation. On a reference made under Section 18 of the Act at the instance of the landowners, Additional District Judge (I), Jind passed award dated 16.3.1985 for payment of compensation at a flat rate of Rs. 12/- per square yard. He further held that the landowners will be entitled to solatium of 30% on the enhanced amount and interest at the rate of 9% per annum from the date of dispossession till the payment of enhanced amount including solatium.

(3.) SHRI J.S. Dahiya, learned counsel for the appellants relied on judgment dated 5.4.1989 passed by another learned Single Judge in Regular First Appeal No. 644 of 1986 - Siri Chand v. Sate of Haryana, and other connected appeals vide which compensation awarded to the landowners, whose land had been acquired by the same notification was enhanced to Rs. 27/- per square yard and submitted that this appeal may be disposed of in the similar terms. He pointed out that award dated 25.10.1985 passed by Additional District Judge (I), Jind in Land Acquisition Case No. 46 of 1985, which was subject-matter of challenge in Regular First Appeal No. 644 of 1986 and other connected appeals, was based on award dated 16.3.1985 passed by his predecessor in the appellants' case and submitted that the compensation awarded to them should be enhanced so as to bring them at par with other landowners.