STATE OF HARYANA Vs. HAWA SINGH

JUDGEMENT

(1.) THIS judgment of mine will dispose of Regular First Appeal Nos. 659 of 673 of 1986 filed by the State of Haryana and Regular First Appeal Nos. 2156 and 2157 of 1985 filed by the landowners as they arise out of common award of the Additional District Judge Jind dated 28. 8. 1985.

(2.) AGRICULTURAL land measuring 29. 40 acres situated in village Shamlo Kalan abutting on Jind-Gohana Road and Jind-Rohtak Road was acquired by the State of Haryana by issuance of notification dated 27. 4. 1979 under Section 4 of Land Acquisition Act (hereinafter to be referred as the Act) for the purpose of constructing a drain known as Padana Drain. The Land Acquisition Collector by his award dated 23. 8. 1984 determined the market value of the acquired land at the rate of Rs. 20,000/- per acre for Nehri land as well as Barani land. The landowner sought references under Section 18 of the Land Acquisition Act and on references the Additional District Judge evaluated the acquired land at the rate of Rs. 25,000/- per acre.

(3.) THE additional District Judge has enhanced the compensation by another sum of Rs. 5,000/primarily after following the statement of Sidhu Ram, Naib Tehsildar Land Acquisition, P. W. 10 who stated on oath that the land Acquisition Collector in the case of acquisition of another piece of land in village Shamlo Kalan vide notification dated 27. 12. 1978 awarded compensation for Barani land at the rate of Rs. 20,000/- per acre and for Nehri land at the rate of Rs. 24,960/- per acre. The additional District Judge referred to the statements of other claimants as well.