HUKAM CHAND Vs. HARYANA STATE

JUDGEMENT

(1.) Almost a decade ago the State of Haryana, as would be evident, went on an acquiring spree in the revenue estate of Panipat, a Sub-Divisional town in district Karnal (Haryana). Taking aid of the Land Acquisition Act. 1894, (hereinafter referred to as the Act') it took within a span of about 10 months large tracts of urban land in three strokes by issuance of three successive notifications under S.4 of the Act. These are referred to in the succeeding paragraphs.

(2.) On Oct. 29, 1976. notification under S.4 of the Act was issued to acquire 5 Acres 5 Kanals and 5 Marlas of land to build a Handloom Complex. On Nov. 4. 1976, notification under S.4 of the Act was issued to acquire 11 Bighas 14 Biswas of land (approximately 2 Acres and 3 Kanals of land) for the purpose of building Staff Quartes for the Market Committee. Panipat. Lastly, on Aug. 30, 1977, notification under S.4 of the Act was issued to acquire a large chunk of land measuring 64.50 Acres and 173.39 Acres, total 237.89 Acres, to be utilised for residential, commercial and industrial purposes for floating Urban Estates. The lands involved were either in Taraf Rajputan of Taraf Afghana. These terms had some revenue significance but for present purposes they are of no significance.

(3.) For the acquisition beginning on Oct. 29, 1976 (Hereinafter referred to as 'First Acquisition), the Land Acquisition Collector vide award dt. Sept. 30, 1977 awarded Rs. 10/per square yard as compensation to the landowners. The aggrieved landowners had the matter referred to the District Court. Shri Gorakh Nath, Additional District Judge, vide award dt. Nov. 19, 1981, assessed the market value of the land acquired at the rate of Rs. 25/- per square yard.