CHHITTAR @ CHHITTRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER No.1 Chhittar @ Chhitru (now deceased and being represented by his legal heirs) alongwith Tikhu, petitioner No.2, were the owners of land measuring 25 Bighas 19 Biswas in equal shares. Vijay Kumar Dhawan, now respondent No.3, entered into an agreement with them to purchase land measuring 12 Bighas 10 Biswas out of this land.

(2.) NOTIFICATION for acquisition of the said land under Section 4 of the Land Acquisition Act, 1894 (hereinafter mentioned as the Act) was issued on 4.5.1995, followed by the notification under Section 6 of the Act on 2.5.1996. The land was acquired by the Government for the purpose of setting up of Sectors 22 and 23, Panchkula. Award No.7 was announced on 11.3.1998. The compensation was assessed @ Rs.2,70,000/ - per acre at a uniform rate. After the announcement of the Award, both the petitioners preferred their separate petitions under Section 18 of the Act for enhancement of the compensation of the acquired land. Respondent No.3 Vijay Kumar also preferred the petition under Section 18 read with Section 30 of the Act for the release of enhanced compensation of the acquired land. The land references of the acquired land of the entire village were consolidated in the case of "Tirlochan Singh Versus State".

(3.) DURING the pendency of the said petitions, the parties in this litigation compromised the matter by way of mutual settlement. Statements of the parties were also recorded. As mentioned earlier, the petitioners had challenged the Award. The Regular First Appeals came up for hearing before this Court. In the appellate proceedings, this Court remanded the matters to the reference court for a fresh decision.