ONKARMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common order, I propose to dispose of two connected matters, i.e., R.F.A. No. 216 of 1989, which has been filed by the landowner-claimants seeking further enhancement of the compensation of the land, subject matter of acquisition and R.F.A. No. 221 of 1989 that had been filed by the State of Haryana seeking to set aside order dated 10.11.1988 passed by learned Additional District Judge, Hissar, with a further prayer that the market value assessed by the Land Acquisition Collector be restored as also CWP No. 9793 of 1989 which has been filed by the allottees of the land, subject matter of acquisition, challenging notices of enhancement of the plots, pursuant to the market value that has been assessed by the learned Additional District Judge and increased from the one assessed by the Land Acquisition Collector. Brief facts that, however, need a necessary mention for disposing of all the matters, referred to above, have been extracted from RFA No. 216 of 1989, which is an appeal filed by the claimants.

(2.) THE Government of Haryana intended to acquire a piece of land measuring 35 kanals 5 marlas when it issued notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act of 1894') on 3.3.1981 for a public purpose, namely, for setting up of a Housing Board Colony at Adampur, District Hissar. Since urgency provisions of Section 17 of the Act of 1894 were invoked, follow-up declaration under Section 6 came to be issued on 3.3.1981 itself. Land Acquisition Collector, vide its award dated 31.3.1982 determined the market value of the acquired land @ Rs. 16,450/- per acre. Dissatisfied with the inadequate compensation, assessed by the Land Acquisition Collector, claimants sought reference under Section 18 of the Act of 1894 and learned Additional District Judge, Hisar, before whom the matter came up for final disposal, determined the market value of the acquired land @ Rs. 400/- per sq. yard vide its award dated 10.11.1988. Still dissatisfied, the claimants have filed the present RFA No. 216 of 1989 whereas the State has filed RFA No. 221 of 1989 seeking to reduce the market value assessed by the learned Additional District Judge to the one already assessed by the Land Acquisition Collector. Civil Writ Petition No. 9793 of 1989 has been filed by the persons, who were allotted the plots that were carved out on the acquired land after its acquisition challenging the notices issued to them vide which they were asked to deposit the enhanced price of the plots allotted to them in view of the enhancement made by the learned Additional District Judge.

(3.) THE relevant material brought on records seeking enhancement of compensation pertains to auctions held on 7.12.1980, made by the claimants of their area, subject matter of acquisition as also auctions held by the Colonization Department, Government to Haryana, on 4.2.1981, 16.9.1981 and 23.12.1981. The same are tabulated as under :- AUCTIONS BY THE CLAIMANTS HELD ON 7.12.1980 : Sr. No. Area of Plot Sale consideration Price per sq. yard.