LAWS(P&H)-2005-8-149

ISHWAR AND ANOTHER Vs. STATE OF HARYANA

Decided On August 17, 2005
Ishwar And Another Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This judgment shall dispose of a bunch of 20 Letters .Patent Appeals. All the aforesaid appeals have arisen out of a common judgment dated July 6,2000 passed by the learned Single judge. All the present appeals have been filed by the claimants, claiming further enhancement for their acquired land

(2.) Vide notification dated August 18, 1986 issued under section 4 of the Land Acquisition Act (hereinafter referred to as the "Act"), land measuring '36.52 acres situated in the revenue estate of Bhiwani Lohar, Tehsil and District, Bhiwani, was sought to be acquired for the constructions of water works. Vide award dated December 4, 1986, the Land Acquisition Collector, classified the land into three categories. Nehri land was assessed at the market rate of Rs. 30,000/- per acre; Tibha land was assessed at the market rate of Rs. 25,000/- per acre and the remaining Banjar Kadim, Gair Mumkin and Adi land was assessed at the rate of Rs. 80,000/- per acre. Claimant-landowners were not satisfied. They claimed reference under section 18 of the Act. The matter was accordingly referred. During the proceedings before the learned reference Court, the parties led their evidence. Learned reference court assessed the entire acquired land uniformly and held that the claimants-landowners were entitled to market value of Rs. 58,000/- per acre for their acquired land. Additionally, the landowners were also held entitled to the statutory benefits as per the amended provisions of the Act.

(3.) The claimant-landowners still remained dissatisfied. They approached this court through various first appeals. The learned Single Judge, on reconsideration of the material held that the claimant-landowners were entitled to the market value at the rate of Rs 30/- per square yard for their acquired land. The aforesaid market value would come to Rs. 1,45,200/- per acre approximately.