SADHU SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 28. 2. 1980 notification under Section 4 of the Land Acquisition Act, 1894 read with sub-section (1) of Section 17 of the said Act was issued. It had been notified that the land mentioned in the said notification was urgently needed by the Government at public expense for public purpose. The purpose was stated to be for establishment of Grain Market, Staff Quarters, Shed and Farmers' Rest House by Market Committee, Barara, District Ambala. Subsequently on 29. 2. 1980 notification under Section 6 of the said Act was issued. Land measuring 324 Kanals 8 Marias which included the land of the present appellants was acquired. The land Acquisition Collector vide award dated 26. 11. 1980 awarded the compensation of the acquired land at the rate of Rs. 10. 883. 20 paise per acre for land, Rs. 9,000.00 per acre for Barani Land and Rs. 2500.00 per acre for Gair Mumkin land. Certain compensation was also awarded for tubewells etc.

(2.) THE appellants dissatisfied with the award of the Land Acquisition Collector, filed their claims asserting that compensation should have been paid at Rs. one lac per acre. The same was contested in the court of learned Additional District Judge, Ambala by the State. It was submitted that adequate and reasonable compensation has already been awarded by the Land Acquisition Collector, keeping in view the market value of the land in the vicinity of the acquired land.

(3.) AGGRIEVED by the same, the Regular First Appeals were filed by the appellants as well as by the State of Haryana. The learned Single Judge took into consideration the sale deeds produced by either party and held that certain sale deeds are of the period after the land had been acquired and in other sale deeds location of the land has not been shown. It could not be determined if the land was similarly situated. Reference was made to Ex. P. 4 which was a judicial pronouncement with respect to land towards Adhoya Road. Upto the depth of 18' frontage of Adhoya road, the compensation was awarded at Rs. 800.00 per marla. It was further held that with respect to the other land which is beyond the depth of 18' from Adhoya road, the market price would be less because the land which is having frontage towards the main road is used for commercial purpose and not the other land. With respect to the rest of the land, it was directed in R. F. A. No. 1408 of 1983 that compensation would be paid to the vendors as per price which they had paid while purchasing the land. As regards the rest of the land, the market price was fixed at Rs. 330.00 per marla.