SHANTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) OUR this judgement will dispose of Letters Patent Appeal Nos. 19, 164,165, 179, 180, 181,182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 202, 203, 204, 205, 206, 207, 208, 209 and 654 of 1994 together as they relate to the same acquisition proceedings.

(2.) LEARNED counsel for the appellant contends that the Courts below have erred in dividing the acquired land in two belts with regard to payment of compensation. The facts and circumstances of the case in hand do not call for any belting of the acquired land for assessment of the market value, The land cannot be divided into belts solely on the ground that it is slightly away from the Highway. There cannot be blocks while granting compensation. It is further contended that vide three notifications land relating to three different villages was acquired for extension of Hissar Cantonment. This court while assessing the market value of the land relating to two other villages vide its judgment in LPA No. 211 of 1991 decided on 5th January, 1994 came to the conclusion after affirming the finding of learned Single Judge assessing the market value of the acquired land in one block that: "the belting system, however, can be useful only when the depth and remoteness of the acquired land indicate possible variations in pries".

(3.) WE fail to comprehend the contention of the learned counsel for the respondents that solely the land being not within the municipal limit, it should have been assessed in blocks. We fail to agree with the contention of learned counsel for the respondents that in other cases it should be assumed that the land opening on the national Highway would be costlier to such an extent that the back area cannot be treated as one chunk. There is no dispute that the law laid down by the Hon'ble Supreme Court that the market value can be assessed by adhering to the belting system.