ISHWAR DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Ishar Dass claimant against the award dated 4.2.1986 passed by the Additional District Judge, Karnal, in a reference under Section 18 of the Land Acquisition Act, whereby the market value of the acquired land was assessed @ Rs. 25 per square yard.

(2.) Haryana Government vide notification dated 30.8.1977 under Section 4 of the Land Acquisition Act, had acquired land of Ishar Dass petitioner along with the land of other landowners situated in village Taraf Afgana, Tehsil Panipat for a public purpose, namely for development and utilization of the land as residential, commercial and industrial area in the urban estate to be set up in the area of village Taraf Afgana (Panipat). The total area acquired was 189.76 acres but the award was given in respect of the land measuring 173.39 acres (1387 kanals 13 marlas). The Land Acquisition Collector vide his award dated 14.2.1979 had determined the market value of the acquired land @ Rs. 35,000/- per acre i.e. Rs. 364.51 per biswa kham for the entire block. Dissatisfied with the award of the Collector, Ishar Dass filed a reference petition under Section 18 of the Land Acquisition Act, alleging therein that the market value of the acquired land was not less than Rs. 200/- per square yard at the time of acquisition as the acquired land was abutting the G.T. Road. The Land Acquisition Collector referred the matter to the District Judge for determining the market value of the acquired land. The claim of Ishar Dass petitioner was contested by the State of Haryana and it was alleged that adequate compensation had already been paid to him. On the pleadings of the parties, various issues were framed by the learned Additional District Judge. Both the sides led evidence. After hearing both sides and perusing the record, the learned Additional District Judge, vide award dated 4.2.1986 enhanced the market value of the acquired land to Rs. 25/- per square yard. While doing so, the learned Additional District Judge had placed reliance on the earlier award, copy Exhibit P2, vide which the market value of the similar situated land was assessed at Rs. 25/- per square yard. Aggrieved against the award given by the learned Additional District Judge, Ishar Dass claimant filed the present appeal in this Court.

(3.) I have heard the learned Counsel for the parties and have gone through the record carefully.