JAGIR SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) BOTH Regular First Appeal Nos. 663 and 664 of 1982 arise out of the common order dated 9.2.1982 passed by the Court of Additional District Judge, Ambala. RFA No. 663 of 1982 has been filed by the appellants while the other appeal No. 664 of 1982 has been filed by the State of Haryana. For facility of reference, facts are taken from RFA No. 663 of 1982. The claimants will be referred to as appellants.

(2.) THE facts are that land measuring 1.03 acres situated in village Bishangarh was acquired by the State of Haryana vide notification dated 2.8.1976 for constructing Bundh in reach RD 305-1322 for the protection of village Bishangarh and Segti, Tehsil and District Ambala. Declaration under Section 6 of the Land Acquisition Act was also issued on 16.11.1976. Out of acquired land, 9 Kanals 13 Marlas of Barani land belonged to the appellants. The Land Acquisition Collector vide award dated 29.4.1977 awarded compensation at the rate of Rs. 5,000/- per acre and accordingly compensation amounting to Rs. 6,935.94 was paid to the appellants.

(3.) THE said claim was resisted by the respondent/State by filing written reply. It was pleaded that the land in question was low lying. It was flood affected and sandy and yielded hardly one crop in a year. It was neither valuable nor it carried any potential value as it was far away from the Pucca road. Hence, dismissal of reference was prayed.