JAIMAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This bunch of 49 Letters Patent Appeals bearing numbers 1156 to 1166 of 1991, 312 to 334, 424 to 426 and 1236 to 1247 of 1992 filed by the land owners for enhancement of compensation awarded by the learned Single Judge can be conveniently disposed of by a common judgment as all these appeals arise out of the same acquisition proceedings and identical questions of law and fact are involved in them. Letters Patent Appeal 1156 of 1991 being the main appeal on the basis of which others were admitted, facts have been taken from this case.

(2.) Land measuring 1,2131 kanals and 18 marlas in village Badho Rangran Tehsil & District Hissar was sought to be acquired by the State of Haryana for public purpose viz. extension of Hissar Cantonment. A preliminary notification under Section 4 of the Land Acquisition Act, 1894 which was later followed by the declaration under section 6 of the Act on April 12, 1985 and the aforesaid land mentioned therein stood acquired. Land Acquisition Collector as per his award of September 17, 1986 awarded a sum of Rs. 20,000/- per acre as compensation for Nehri/Chahi land, Rs. 12,000/- per acre for tal/Barani land and Rs. 8,000/- per acre for Tibba/Banjar Aadim/Gair Mumkin land in addition to the compulsory acquisition charges and interest at the statutory rates.

(3.) Feeling dissatisfied with amount of compensation awarded by the Collector the land owners had references made by under Section 18 of the Act all of which were heard and disposed of by the learned Additional District Judge, Hissar. The claimants who claimed higher amount of compensation before the Court had placed reliance on five sale deed the details of which are as under:- Sr. No. Exhibit No. & Date of Sale Deed Area of land sold K.M. Sale Price Approximate rate per acre. 1. PZ/3 2033/2.7.84 20 03 Rs. 35000/- Rs. 14000/- 2. PZ/4 1892/27.6.84 -do- -do- -do- 3. PZ/5 3416/29.9.86 10 04 Rs. 45000/- Rs. 34000/- 4. PZ/6 4019/20.1.83 8 00 Rs. 13500/- Rs. 13500/- 5. PZ/8 4026/27.11.84 11 00 Rs. 42000/- Rs. 30000/-