SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of a bunch of Letters Patent Appeals which have been filed by then claimants against the judgment of the learned single Judge dated January 7, 1999. The claim made by the claimants is for enhancement of compensation for their acquired land. Against the aforesaid judgment of ther learned single Judge the State of Haryana; has moved a bunch of review applications In the review applications, the State Haryana has sought review of the judgmen of the learned single Judge claiming further reduction in the assessment of compensation. Since the learned single judge (Hon'ble Mr. Justice Swatantar Kumar) has since been transferred to Delhi High Court, therefore, the aforesaid review applications have also been placed before us for disposal. Because of the fact that we are already seized of the matter on account of the claim made by the claimants in the Letters Patent Appeals. The Advocate General, Haryana, who has appeared for the State of Haryana in the review applications has, at the outset, made an oral prayer that the aforesaid review applications be treated as cross-appeals. Learned counsel appearing for the claimants have no objection to the aforesaid prayer of the State being allowed. Consequently we order that the review applications filed by the State of Haryana against the judgment of the learned single Judge shall be treated as cross-appeals and shall be deemed to have been filed on the date when the said review applications were filed. The office is directed to renumber the aforesaid review applications as Letter Patent Appeals. The present judgment shall also dispose of the aforesaid cross-appeals.

(2.) At the outset, it may be noticed that the aforesaid review applications (now treated as cross-appeals) have been filed by the State of Haryana after the expiry of limitation. Applications under Section 5 of the Limitation Act have also been filed seeking condonation of delay. Learned counsel appearing for the claimants have no objections if the prayer for condonation of delay made by the State of Haryana is allowed. Similarly some of the Letters Patent Appeals filed by claimants, out of the total bunch of cases, are also barred by limitation. Learned Advocate General, Haryana has also conceded that the aforesaid delay in filingthe appeals be also condoned. As a result of the agreement between the learned counsel for the parties, the delay in filing the review applications (now treated as cross-appeals) and also the delay in filing some of the Letters Patent Appeals by claimants is condoned.

(3.) A notification dated May 26, 1981 was issued by the State of Haryana under Section 4 of the Land Acquisition Act, 1894. Land measuring 250.51 acres situated in villages Patti Mehar Saunda and Jandll in district Ambala was intended to be acquired for development and utilization of residential area as Sector-9 for Urban Estate, Ambala. Three separate awards were rendered by the Land Acquisition Collector. Award No. 4 was announced on June 27, 1984 whereby the acquired land, forming the aforesaid award, was assessed at the market value of Rs. 52,000.00 per acre. Subsequently two more awards were pronounced as awards Nos. 11 and 12 on September 13, 1984. In these awards, the acquired land was classified in three categories. Whereas Chahi land was assessed at the rate of Rs. 34,500.00 per acre, barani land was assessed at the rate of Rs. 27,520.00 per acre and Banjar and Ghairmumkin land was assessed at the rate of Rs. 13,760.00.