ARJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FEELING dissatisfied with the indirect rejection of their claim for award of compensation at the rate of Rs. 3 lacs per acre besides the statutory benefits under the Land Acquisition Act, 1894 (for short, 'the Act'), the appellants have filed this appeal under Clause X of the Letters Patent for modification of judgment of the learned Single Judge in Regular First Appeal No. 2756 of 1988 and grant of compensation in terms of the prayer made therein.

(2.) A perusal of the record shows that vide notification dated 11.3.1981 issued under Section 4 of the Act, the Government of Haryana proposed to acquire 286.27 acres of land of village Ratgal for a public purpose, namely, for the development and utilisation of the land as residential and commercial areas of Sector 7, Kurukshetra. On measurement, the actual area of the land sought to be acquired was found to be 180.11 acres. The Land Acquisition Collector passed two awards dated 7.5.1985 and 25.6.1986. By the first award, he determined the market value of the land at the rate of Rs. 40,000/- per acre. By the second award, he determined the market value of the land at the rate of Rs. 44,800/- per acre except the land comprised in Khasra No. 48 measuring 17 kanals 6 marlas. The reference applications filed by the landowners (including the appellants) under Section 18 of the Act were decided by Additional District Judge, Kurukshetra by two separate awards dated 29.2.1988 and 7.10.1988 and the market value of the land was determined at the rate of Rs. 65,340/- and Rs. 90,000/- per acre, respectively.

(3.) THE learned Single Judge partly allowed the appeal and determined the market value of the acquired land at the rate of Rs. 1,19,333/- per acre. He also directed that the appellants be granted statutory benefits in terms of the amended Sections 23(1-A), 23(2) and 28 of the Act.