HOUSING BOARD HARYANA Vs. NIRMLA DEVI

JUDGEMENT

(1.) At the outset, on a request made by Mr. V.K. Vashishta, the learned counsel appearing for the petitioner Housing Board, Haryana, the present petition is treated as petition filed under Article 227 of the Constitution of India.

(2.) Vide a notification dated February 5, 1982 issued under Section 4 of the Land Acquisition Act, 1894, (for short 'the Act), the State of Haryana acquired 25 acres and 2 marlas of land in the revenue estate of Villages Dhulkot and Patti Suba Akbarpur for the purposes of construction of a Housing Board Colony Certain land belonging to Nirmla Devi and Surinder Kaur was also acquired. The aforesaid two persons were co-shares along with Harbans Singh, Bara Singh, Joginder Singh and Surjit Singh. The award was pronounced by the Land Acquisition Collector. The claimants remained dissatisfied with the amount of compensation and accordingly claimed reference under Section 18 of the Act. The aforesaid reference petitions were disposed of by the Reference Court on December 5, 1988. Market value was assessed at Rs. 30 per square yard besides statutory benefits.

(3.) Nirmla Devi and Surinder Kaur did not file any appeal in the High Court against the award dated December 5, 1988 passed by the learned District Judge. However, remaining co-sharers, namely, Harbans Singh, Bara Singh, Joginder Singh and Surjit Singh field Regular First Appeals No. 489 and 493 of 1989 before this Court. Vide judgment dated March 19, 1991, this Court assessed the market value of acquired land at Rs. 50 per square yard.