BHARTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine would dispose of Regular First Appeal Nos. 1949 to 1961 of 1991 and 2154 of 1992 filed by the landowners against the Award of the District Judge, Ambala, dated 12. 3. 1991. All the appeals arise out of common notification and common Award.

(2.) THE State of Haryana in pursuance of notification dated 16. 12. 1980 issued under Section 4 of the land Acquisition Act (hereinafter referred to as 'the Act'), acquired land measuring 533 acres, situated in village Kathgarh, Tehsil, Jagadhri District Yamuna Nagar. The aforesaid land was acquired for a public purpose, namely, for forest plantation. The land Acquisition Collector by his Award dated 18. 6. 1986, assessed the compensation for the acquired land at the rate of Rs. 1600/per acre. Dissatisfied with the Award of the Land Acquisition Collector, the landowners sought references under Section 18 of the Act. On reference, the learned District Judge, Ambala, has determined the market value of the acquired land at the rate of Rs. 3100/- per acre. Aggrieved against the Award of the learned District Judge, Ambala, the landowners have filed these appeals.

(3.) IN these appeals two questions arise. They are whether the grant of compensation at the rate of Rs. 3100/- per acre is just, fair and reasonable and whether the landowners are entitled to the grant of compensation for the trees, which according to them, were standing at the time of acquisition. In order to appreciate the aforesaid questions, it is necessary to have a look at the oral and documentary evidence brought on the record of the case.