GANGA DAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ALL the above mentioned regular first appeals having been arisen out of the same notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 and Award passed by Additional District Judge, Faridabad, dated 18.1.1989 shall stand disposed of by this common judgment.

(2.) THE State of Haryana on 23/24th April, 1985 issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') intending to acquire 44.03 acres of land situated in Village Bhanakpur, Hadbast No. 45, Tehsil Ballabhgarh for a public purpose, namely, for construction of 400 K.V. Sub-station, Ballabhgarh of the National Thermal Power Corporation. The declaration under Section 6 of the Act was published on 26.8-1983 and the District Revenue Officer-cum-Land Acquisition Collector was directed to take further steps for acquisition of the land. Vide Award No. 4, the Land Acquisition Collector, Faridabad awarded compensation of the entire acquired land @ Rs. 40,000/- per acre i.e. Rs. 8.25 per square yard along with 30% solatium and 12% per annum additional amount, as envisaged under Section 23(1-A) of the Act.

(3.) THE claimants in RFA Nos. 967, 984, 966 of 1989 have stated that though they are entitled to be awarded compensation at the rate of Rs. 200/-per square yard, but as they could not afford to pay ad valorem Court fee on the said amount, therefore, they have limited their claim to a further sum of Rs. 60,000/-, which comes to Rs. 30/- per square yard. Similarly, the claimants in RFA Nos. 872, 873 and 914 of I989 have prayed for enhancement of compensation to Rs. 24/- per square yard for the acquired land.