NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of a batch of first appeals. All the first appeals have arisen out of common acquisition proceedings. Whereas the claimants-landowners have filed the first appeals for enhancement of the market value, the State of Haryana has also filed the appeals for reduction of the assessment, as made by the reference Court. In some of the appeals filed by the State of Haryana, the claimants have also filed cross- objections. The said cross-objections are also being disposed of through the present judgment.

(2.) VIDE notification dated February 23, 1989 issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act"), 203 acres of land situated in Patti Insar and Patti Maqdum Jagdan, Tehsil Panipat was notified for acquisition for development and utilisation of land as residential and commercial area for Sectors 13 and 17, Panipat. A declaration under section 6 of the Act was issued on February 22, 1990. The said land was acquired. Two separate awards, Ex.P29 for Sector 17 and Ex.P.30 for Sector 13, were pronounced by the Land Acquisition Collector on February 21, 1992. The acquired land was classified in two categories. Chahi land was assessed to the market value of Rs. 2,00,000/- per acre (Rs. 41/- per square yard), Gair Mumkin land was assessed to the market value of Rs. 1,05,000/- per acre (Rs. 31/- per square yard). The Land Acquisition Collector further held that four acres of land situated on G.T. Road and Barsat Road was to be treated as Chahi land.

(3.) IN the reference proceedings, the parties led their oral as well as documentary evidence in support of their respective claims. The reference Court did not choose to rely upon the documentary evidence led by the parties but assessed the market value of the acquired land on the basis of a Division Bench judgment of this Court in R.F.A. No. 654 of 1982 (Hukam Chand and others v. Haryana State, 1989(2) RRR 562 : AIR 1989 Punjab and Haryana 27) decided on October 9, 1987, Ex.P32, and also on another judgment Ex.P31. On the basis of the aforesaid judgments, the market value of the acquired land was uniformly assessed at the rate of Rs. 81/- per square yard. The claimant-landowners were also held entitled to statutory benefits.