KUMUD JAIN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This order will dispose of RFA Nos. 137, 329 and 330 of 1997, as the same arise out of a common award. The landowners have filed the appeals seeking enhancement of compensation for the acquired land.

(2.) Briefly, the facts are that vide notification dated 26.12.1989, published on 29.12.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land situated within the revenue estate of village Kanhri Khurd, Hadbast No. 436, Tehsil Jagadhri, District Yamuna Nagar, for construction of 400 K. V. Sub-station, Bhamboli (Yamuna Nagar). The same was followed by notification issued under Section 6 of the Act on 12.2.1990. The Land Acquisition Collector (for short, "the Collector") vide award dated 30.4.1990 assessed the market value of the acquired land @ Rs. 45,000/- per acre for chahi kind of land and Rs. 7,500/- per acre for gair mumkin rasta. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below determined fair market value of the acquired land @ Rs. 1,03,234/- per acre.

(3.) Vide another notification dated 25.1.1991, issued under Section 4 of the Act, State of Haryana sought to acquire land situated within the revenue estate of village Kanhri Khurd, Hadbast No. 436, Tehsil Jagadhri, District Yamuna Nagar, for extension of the present 400 K. V. Sub-station, Bhamboli (Yamuna Nagar). The same was followed by notification issued under Section 6 of the Act on 28.1.1991. The Collector vide award dated 30.1.1992 assessed the market value of the acquired land @ Rs. 63,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below determined fair market value of the acquired land @ Rs. 1,16,654/- per acre. These awards have been impugned by the landowners before this court.