LAWS(P&H)-2004-10-55

YUDHBIR SINGH LAMBA Vs. STATE OF HARYANA

Decided On October 01, 2004
Yudhbir Singh Lamba Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS order will dispose of RFA Nos. 1804, 1699, 2110 and 2929 of 1989. RFA Nos. 2110 and 2929 of 1989 have been filed by the State of Haryana and RFA Nos. 1804 and 1699 of 1989 have been filed by the claimants.

(2.) LAND in question was acquired for construction of Hissar-Kaimeri-Mangali- Saharwa-Miran road vide notification dated 1.10.1980 under Section 4 of the Land Acquisition Act, 1894 (for short, the Act). The Collector vide his award dated 31.3.1986 determined compensation as per agricultural quality of the land classifying the land in five categories. The said categories have been set out in the application under Section 18 of the Act filed by Sheo Ram Aggarwal, one of the claimants, as under :-

(3.) IT was observed that market value could not be assessed at lesser price than Rs. 80/- per square yard, as sale-deeds of the comparable period disclosed much higher value. As already observed, Sheo Ram Aggarwal was held entitled to compensation at the rate of Rs. 80/- per square yard and Yudhbir Singh Lamba was held entitled to compensation at the rate of Rs. 60/- per square yard. The claimants were held entitled to statutory solatium but they were held entitled to statutory interest from June 1970 on the ground that possession was taken in June 1970, though notification under Section 4 of the Act was issued on 1.10.1980. It was, however, observed that the claimants will not be entitled to additional amount at the rate of 12% PA on solatium, though additional amount from the date of notification under Section 4 of the Act to the date of award, was allowed.