CHANDER PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of a bunch of 241 Letters Patent Appeals and cross-objections arising out of the same acquisition proceedings some of which have been filed by the land-owners for further enhancement in the amount of compensation awarded by the learned single Judge while the others have been filed by the Union of India for reduction of the amount. Since L.P.A. 211 of 1991 in the main appeal on the basis of which others were admitted facts are being taken from this case.

(2.) By a notification issued by the State of Haryana on 18/06/1984 under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') land measuring 3791 kanals and 2 marlas in village Satrod Khas and another area measuring 1138 kanals and 11 marlas in village Satrod khurd, Tehsil and District Hisar was sought to be acquired for a public purpose, namely, for the extension of Hisar Cantonment. This notification was followed by a notification under Section 6 of the Act and the Haryana Government was satisfied that the land specified in the notification was urgently required by the Central Government for the aforesaid public purpose. Out of the total area of 3781 kanals and 2 marlas some land in village Satrod Khas was released and the notification under Section 6 of the Act finally acquired 3026 kanals and 17 marlas in this village. Similarly, some land was released in village Satrod Khurd as well and an area measuring 1044 kanals and 8 marlas was finally acquired. Villages Satrod Khas and Satrod Khurd adjoin each other and the land has been acquired in both these villages for the extension of Hisar Cantonment. The acquired land is for extending the cantonment towards the city of Hisar. The total acquired land in both the villages is shown in blue colour in the site plan which has been produced on the record as Exhibit PW 3 /1. A part of this land abuts on the National Highway No. 10 popularly known as Delhi Hisar Road and another part of the land abuts on the Hisar bye-pass road. The Land Acquisition Collector as per his award No. 5 pertaining to the land in village Satrod Khurd divided the same in three blocks and determined Rs. 60,000.00 per acre as the market price for land in block 'A'; Rupees 40,000/-per acre for land in blook 'B' and Rs. 25,000.00per acre for land in block 'C'. As regards the land in village Satrod Khas, the Collector divided the same in four blocks and as per his award No. 6 awarded Rs. 60,000.00 per acre for block 'A', Rs. 40,000.00 per acre for block 'B', Rs. 25,000.00 per acre for block 'C' and Rs. 15,000.00 per acre for block 'D'.

(3.) Feeling dissatisfied with the amount of compensation awarded by the Land Acquisition Collector, the land owners in both the villages sought references under Section 18 of the Act. All the references pertaining to village Satrod Khurd were heard and disposed of by Shri V. P. Aggarwal, Additional District Judge, Hisar as per his judgment dt. 23/01/1989. He not only maintained the belting system but also the amount of compensation awarded by the Land Acquisition Collector for land falling in block 'A'. For blocks 'B' and 'C' the compensation was enhanced to Rs. 50,000.00 and Rs. 40,000.00 per acre respectively. References pertaining to Village Satrod Khas came up for hearing before Shri P. L. Khanduja, Additional District Judge, Hisar who as per his judgment dt. 28/02/1989 divided the entire land of this village in two blocks, namely, block 'A' and block 'B'. A sum of Rs. one lac per acre was the market price determined for the land in block 'A' and Rs. 50,000.00 per acre was the amount awarded for the remaining land in block 'B'.