SANJOYTA SEHGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of R.F.A. No. 2004 of 1984 filed by the land-owners and R.F.A. No. 2167 of 1984 filed by the State of Haryana against one and the same award dated 26.7.1984 made by the learned Additional District Judge, Gurgaon, deciding a reference application under section 18 of the Land Acquisition Act, 1894 (for short 'the Act'), filed by the land-owner-appellants.

(2.) While the land-owners complain that the compensation awarded to them is inadequate, the grievance of the State of Haryana is that the compensation awarded is excessive.

(3.) In pursuance of a notification issued under section 4 of the Act published in the Haryana Government Gazette dated 19.5.1979, land measuring 1.25 acres classified in the revenue record as Magda/Ghair Mumkin situate within the revenue estate of Sukhrali, Had Bast No.76, tehsil and district Gurgaon, was acquired at public expense for a public purpose, namely, development and utilisation of land as residential area in section 14 by the Haryana Urban Development Authority (for short 'the HUDA'), a corporate body. The land, which is the subject-matter of these appeals, measures 7 Kanals, i.e. 4270 sq. yards, on which a factory with structures and boundary wall was existing. The Land Acquisition Collector vide his award dated 16.4.1982 fixed the market value of the acquired land at Rs. 17/- per sq. yard. He also assessed compensation for the building structure thereon at Rs. 37,645/-. The land-owners being dissatisfied made reference-application. The learned Additional District Judge while deciding the same through the award under appeal has fixed the market value of the acquired land at Rs. 35/- per Sq. yard and has assessed the cost of the building structure at Rs. 82,000/-.