VIJINDER KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of three connected letters Patent Appeal Nos. 859, 860 and 861, all of 1980, as they emerge from the same original award rendered by the Additional District Judge, Sonepat, in a land acquisition matter, facts whereof may be briefly stated.

(2.) 49 kanals of land comprised of field Nos. 44/27 and 44/18 situated in Village Garhi Brahamanan, Tehsil and District Sonepat, was acquired by State Government for the construction of Police Station and accommodation for married staff attached to the Police Station. The Notification under Section 4 of the Land Acquisition Act for the purpose of acquisition was issued on March 24, 1972 while Notification under Section 6 of the Act was issued on March 28, 1972. The possession of the land was taken by the Government on August 31, 1972. The Land Acquisition Collector gave his award on November 29, 1972, as per which he allowed compensation for the acquired land at the rate of Rs. 20,000/- per acre. he also allowed 15% compulsory acquisition charges and interest at the rate of 6% per annum. Some more compensation was allowed for certain other items like pucca channel and boundary wall to one of the claimants and his sons. The appellant and the other petitioners initiated reference under Section 18 of the Act before the Additional District Judge. They claimed compensation of the acquired land at the rate of 40/- per square yard. As, before the learned Single Judge and in the present appeal, the rate at which the land was acquired, is disputed. The learned Additional District Judge considering the material produced before him by the claimants, allowed compensation to them at the rate of Rs. 8/- per square yard for the land falling in khasra No. 44/27 and at the rate of Rs. 14/- per square yard for the part of khasra No. 44/18. This is, of course, in addition to the compulsory acquisition charges and interest.

(3.) Feeling dissatisfied with the award of the Additional District Judge, the appellant and some other claimants filed Regular First Appeals which were heard and disposed of by the learned Single Judge by means of the impugned judgment. The learned Single Judge assessed the price of the acquired land comprised in khasra No. 44/18 at the rate of Rs. 20/- per square yard. However, for the land comprised in khasra No. 44/27 which is stated to be a larger area, compensation at the rate of Rs. 15/- per square yard was allowed. The appellants before the learned Single Judge were also allowed solatium at the rate of 15% and interest as permissible under the law on the enhanced amount of compensation. The cross-appeals filed by the State in the same matter were dismissed.