DHARA Vs. PUNJAB STATE

JUDGEMENT

(1.) These six regular first appeals are directed against the same judgment of the Land Acquisition Judge, Gurgaon, dated the 5th of April, 1966, whereby he enhanced the compensation awarded to the landowners by the Collector in references made under Section 18 of the Land Acquisition Act, 1894 . The then composite State of Punjab, (now represented by the State of Haryana) moved three appeals against the enhancement of compensation by the learned Judge whilst the other 3 appeals have been filed by the landowners claiming a further enhancement thereof.

(2.) On the 23rd of August, 1962, the Punjab Government issued a notification under Section 4 of the Act acquiring a large area of 609.23 Acres in the villages of Ballabgarh, Majesar and Sihi for the public purpose of the acquisition of 127 Kanals of land, whole of which is situate in the revenue estate of village Ballabgarh and is owned by different land-owners. In pursuance of notices issued under Section 9 of the Act the landowners put in their claims before the Collector at a rate varying from Rs. 10/- to Rs. 15/- per square yard. It was pointed out on their behalf that apart from its agricultural value, the land was precious because of its potentialities for development into industrial and residential sites and in particular because of its proximity to such industrial establishments as the Good Year Tyre Company, and the Globe Steel Factory, etc.

(3.) The Land Acquisition Collector in a well-considered award appraised the evidence brought on the record by the parties. After spot inspection and evaluation of the various factors he divided the land for the purposes of compensation into three sectors. Sector 'A' consisted of land which abutted on the main Delhi-Mathura road up to a depth of 500 feet and the compensation therefor was assessed at Rs. 3/- per Square Yard. Sector 'B' was constituted by the land which fell within 501 to 1300 feet from the same road and the rate assessed therefor was at Rs. 2/- per Square Yard. Sector 'C' was that of land beyond 1300 feet from the aforesaid highway and the evaluation for this land was at merely Re. 1/- per Square Yard.