GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine would dispose of R. F. A. Nos. 141, 150 to 160 of 1993, 3003, 3711, 3714, 3776, 3777, 3791, 3793 to 3795 and 3132 of 1992 filed by the claimant-landowners seeking enhancement in the amount of compensation and R. F. A. Nos. 694, 695, 697 to 711, 713, 714, 732 of 1993 filed by the State of Haryana praying for reduction in the amount of compensation. All these appeals have arisen out of a common award of the Additional District Judge and, therefore, they are being disposed of by a common judgment.

(2.) THE State of Haryana in pursuance of notification issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') dated 21. 4. 1987 acquired land measuring 35. 76 acres situated in village Ratgal and Darra Kalan, Tehsil Thanesar District Kurukshetra for development and utilisation of the land for residential and commercial area for Sector 11, Urban Estate, Kurukshetra. On measurement, the land was found to be 34. 61 Acres. The Land Acquisition Collector evaluated the land at the rate of Rs. 1,08,000/- per acre (Rs. 22. 31 paise per yard ). On reference under Section 18 of the Act, the Additional District Judge by his Award under challenge before this Court has assessed the market value of the acquired land at the rate of Rs. 100/- per square yard.

(3.) THE counsel for the landowners have argued that the Additional District Judge, in view of the location of the land, should have relied upon the sale deed Exhibits P. 86 to 88 and 93 to 96. The precise argument of the counsel is that since pieces of land may be small, sold by virtue of the aforementioned sale deeds, He in the vicinity of the acquired lands, the same are relevant vis-a-vis the acquired land. On the other hand, the counsel for the state has argued that the Additional District Judge instead of placing reliance upon Award Exh. P. 100, would have relied upon another Award Exh. R. 11 given by this Court by virtue of which land measuring 180. 11 acres situated in village Ratgal acquired vide notification dated 11. 3. 1991 was evaluated at the rate of Rs. 1,19,333/- per acre.