STATE OF HARYANA Vs. PHOOL SINGH

JUDGEMENT

(1.) THESE appeals having arisen out of the same judgment and award dated 29.1.1999 passed by Additional District Judge, Hisar, and involving identical questions of fact and law, are being disposed of by this common judgment.

(2.) THE State of Haryana issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 20.8.1992 seeking to acquire 227.44 acres of land in the revenue estate of Hisar for a public purpose, namely, development and utilization of the land for residential sectors by Haryana Urban Development Authority (hereinafter referred to as 'HUDA'). In furtherance thereto, notification under Section 6 of the Act was issued and published on 17.8.1993. The Land Acquisition Collector, Urban Estates, Hisar, vide award dated 19.1.1995 awarded compensation at the rate of Rs. 1,50,000/- per acre (Rs. 30.99 per square yard) for chahi and Rs. 42,000/- per acre (Rs. 8.67 per square yard) for Gair Mumkin land. On references made by the land owners, the Additional District Judge enhanced the compensation and determined the market value of the acquired land as under :-

(3.) ON the other hand, learned Advocate General, Haryana pleaded that the enhancement made by the Additional District Judge is unreasonable, whereas, the award given by the Land Acquisition Collector is quite reasonable as per the criteria laid down for assessment of market value of the land. It is further pleaded that the learned Additional District Judge has fallen into error while distinguishing the present case from the earlier references relating to similar land, titled as Lalit Pal etc. v. State, which were decided by Shri R.S. Virk, Additional District Judge on 2.1.1998.