GURVINDER SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) THIS is claimant-appellants' appeal filed under Section 54 of the Land Acquisition Act, 1894 (for brevity, 'the Act') challenging judgment dated 16.1.1989 passed by the learned Additional District Judge, Sirsa on a reference made to him under Section 18 of the Act. The learned Additional District Judge has enhanced the compensation and feeling dis-satisfied, the claimant-appellants have filed the instant appeal praying for further enhancement.

(2.) BRIEF facts of the case are that a notification under Section 4 of the Act was issued on 18.9.1984 expressing intention to acquire land for the purposes of widening the link road from Khairpur to Vaidwalal. The total area intended to be acquired was 5.13 acres situated in village Khairpur including 11 Marlas (332.75 square yards) of land of the claimant/appellants. On 26.2.1986, the Land Acquisition Collector passed his award granting compensation of Rs. 30,000/- per acre for Nehri land and Rs. 24,000/- per acre for Gair Mumkin Rasta. The claimants-appellants felt dis-satisfied with the award of the Land Acquisition Collector and sought a reference under Section 18 of the Act.

(3.) MR . M.L. Sarin, learned counsel for the claimants-appellants has argued that the acquired land is situated within the municipal limits since the year 1975. In support of his submission, the learned counsel has placed reliance on site plans Exhibits P13 and P14. In both the sites plans, municipal limits have been indicated by yellow and black line and the area acquired is indicated by pink colour which was near GTM Synthetics Limited. The are is situated in close proximity to Sector 18 and actually falls in Khairpur Colony which comprised of residential houses. The learned counsel has pointed out that Mr. Om Parkash, Encroachment Clerk has appeared as PW2 who has produced on record Exhibit P9 which is a site plan sanctioned by the Municipal Committee in the year 1977 for constructions of shops on the area which ultimately has been acquired. He has also referred to Exhibits P8 and P11 which are again copies of the sanctioned site plans. The learned counsel has maintained that once the site plans for the construction of shops have been sanctioned by the Municipal Committee then no doubt is left that the acquired land fell within the municipal area. In respect of the land falling within the municipal area, it has to be presumed that there is a scope for potential development for residential as well as industrial purposes. In support of his submission, the learned counsel has placed reliance on a judgement of this Court is Shri Lakhmi Dass and others v. The Punjab State and others, 1977 Punjab Law Journal 464.