OM PARKASH BHASIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants owned 16880 sq yards of land in village Meola-Maharajpur, Tehsil Ballabgarh, which they purchased in Nov., 1970, for Rs. 160000/-. It was acquired and notification under section 4 of the Land Acquisition Act (hereinafter the Act) was issued on October 7, 1971. The Land Acquisition Collector allowed compensation of the acquired area at Rs. 200/- per marla. The appellants assailed the award of the Land Acquisition Collector in a reference under section 18th of the Act. The District Judge, Gurgaon, vide award dated October 10, 1978, allowed compensation at the rate of Rs. 10/- per square yard. The appellants did not feel satisfied with the compensation allowed by the district Judge and consequently filed R.F.A. No. 244 of 1979, which was disposed of vide order dated Jan. 28, 1981. The learned Single judge increased the compensation payable to the appellants from Rs. 10/- to 12/- per square yard. It is against this order of the learned Single Judge that the present letters patent appeal is directed.

(2.) The learned counsel for the appellants has argued that the appellants purchased the acquired land at the rate of about Rs. 10/- per square yard in November, 1970, and notification under section 4 of the Act was issued in October, 1971. The cost of the land in and around Delhi has continuously increased because of rapid expansion. The claim of the appellants for compensation at the rate of Rs. 15/- per square yard was reasonable and should have been allowed fully. There is force in the contention of the learned counsel for the appellants.

(3.) The learned single Judge has observed in the order dated January 28, 1981, that there is no denying the fact that the increase in the price of the land situated in the vicinity of big cities like Delhi or Faridabad is almost a continuous process and for that reason the appellants are entitled to some increase in the rate of the compensation which has been allowed to them. It is significant that the acquired land was transferred to Haryana Coated Paper Mill Limited on the very day its possession was taken at the rate of Rs. 30/- per square yard. The land was acquired one year after its purchase by the appellants. Keeping in view the fact that the same was transferred to a company at the rate of Rs. 30/- per square yard soon its possession was taken, it would be reasonable of hold that the claim of the appellants for compensation at the rate of Rs. 15/- per square yard is just and fair.