SARWAN SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This order will dispose of appeals bearing RFA Nos. 1643, and 1645 to 1647 of 1994, as common questions of law and facts are involved therein.

(2.) The appeals have been filed by the landowners seeking further enhancement of compensation on account of acquisition of land. Briefly, the facts of the case are that vide notification dated 6.2.1980, published on 19.2.1980, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land situated in the revenue estate of village Brahan, Hadbast No. 82, Tehsil Thanesar, District Kurukshetra, for construction of S.D. Road to village Gadli. Notification under Section 6 of the Act, issued on 15.5.1980, was published on 22.7.1980. The Land Acquisition Collector (for short, 'the Collector') vide award dated 26.7.1985 assessed the compensation for the acquired land @ Rs. 25,000/- per acre for gair mumkin abadi, Rs. 15,000/- per acre for chahi/ gair mumkin bara/ mandir/ Gora Deh and Rs. 8,000/- per acre for banjar kadeem kinds of land. Dissatisfied with the award of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 8.3.1994, dismissed the reference petitions filed by the appellants. It is this award which has been impugned in the present appeals.

(3.) Learned counsel for the appellants submitted that the Court below has gone wrong in dismissing the reference petitions filed by the landowners. The Court below had also ignored the location and potential value of the land acquired considering the fact that it was acquired for construction of link road. The sale-deed dated 31.5.1980, Ex. P1, has been totally ignored. Even if the same was registered after the issuance of notification under Section 4 of the Act, a reasonable cut could be applied. He prays for enhancement of compensation for the land acquired.