STATE OF HARYANA Vs. RAJESH

JUDGEMENT

(1.) This order will dispose of RFA Nos: 6309 and 6310 of 2013. The same have been filed impugning the common award of the learned court below dated 9.5.2013, vide which compensation for the acquired land was determined. Briefly, the facts of the case are that State of Haryana vide notification dated 26.3.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') sought to acquire land measuring 1 kanal and 18 marlas, situated within the municipal limits of Charkhi Dadri, District Bhiwani for the purpose of Dadri disposal and addition of sewer scheme. The same was followed by notification dated 17.10.2008, issued under Section 6 of the Act. The Land Acquisition Collector (for short, the Collector'), vide award dated 11.1.2010, assessed the market value of the land @ Rs. 26,84,800/- per acre. Aggrieved against the award of the Collector, the land owners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ Rs. 28,00,000/- per acre. It is this award which has been impugned in the present appeals by the State.

(2.) The acquired land was merely 1 kanal and 18 marlas and the owners thereof in both the appeals were 15 in number. The increase made by the learned Reference Court was from Rs. 26,84,800/- to Rs. 28,00,000/- per acre. Resultantly, the amount involved was Rs. 27,360/-. When the cases were listed for hearing on 24.9.2013, the same were adjourned on request of counsel for the State to get the file where opinion was expressed by different authorities finding the cases to be fit for filing appeals. Thereafter, the cases were adjourned number of times.

(3.) Today, file from the office of Legal Remembrancer has been produced in court. From a perusal of the aforesaid file, it is evident that the District Attorney, while sending copy of the judgment to the Legal Remembrancer, had opined that the cases are not fit for filing appeals, still the office of Legal Remembrancer opined that the cases were fit for filing appeals, hence, the appeals were filed.