BAISIWALA BROTHERS AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) M/s. Baisiwal Brothers have filed this appeal under clause X of the Letters Patent, against the judgment of a learned Single Judge of this Court, dated 9th October, 1980, rendered in R.F.A. No. 698 of 1976 and Cross-Objection Nos. 3-C-1 of 1977.

(2.) In pursuance of a notification published under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), on 29th August, 1967, 2-54 Acres (20 kanals 6 marlas) of land of the appellants was acquired by the State of Haryana for the setting up of a Telephone Exchange in the Faridabad Controlled Area. This and formed part of 48 kanals and 19 marlas of land purchased by the claimants in the year 1958, in the revenue estate of village Serai Khawaja. The Land Acquisition Collector determined the market value of the acquired land at the rate of Rs. 302.50 per marla. The claimants did not feel satisfied with the adequacy of this compensation. On reference, the learned District Judge gave a marginal increase of Rs. 15/- per marla on the rate awarded by the Collector. Besides this, the learned District Judge allowed Rs. 2,500/- as compensation for the loss suffered by the claimants on account of barbed wire fencing and a room constructed in the acquired land.

(3.) The State was dissatisfied against the award of Rs. 2,500/-, and, consequently, filed R.F.A. No. 638 of 1976. The landowner claimants demanded higher rate of compensation and filed cross-objections.