THE HINDUSTAN SANITARY-WARE AND INDUSTRIES LTD. (FORMERLY HINDUSTAN TWYFORDS LTD.) BAHADURGARH AND ANOTHER Vs. THE STATE OF HARYANA, CHANDIGARH THROUGH THE COLLECTOR, ROHTAK AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of 10 appeals L.P.A. Nos. 428 to 432 and 495 to 499 of 1981, which are directed against the common judgment of a learned Single Judge.

(2.) CHALLENGE in all these appeals is directed against the assessment of the market value of the land acquired by the State of Haryana for the two public sector companies. The learned Single Judge enhanced the market price of the land acquired by the State of Haryana for the two public sector companies The learned Single Judge enhanced the market price of the land situate at village Bahadurgarh, comprising of Khasra No. 2367 and 2370 to Rs. 7/ - upto a depth of 20 Karams and beyond that to Rs. 5/ - per Square yard; whereas the market price of the land situate at Parnala was assessed at Rs. 2/ - per square yard. Feeling dissatisfied thereby both the parties have come up in these appeals.

(3.) IN the appeal filed by the land -owners relating to Khasra Nos. 2367 to 2370, situate at village Bahadurgarh, the only contention raised by their learned counsel was that the learned Single Judge was not justified in adopting a belting system and awarding compensation at two different rates for the land according to their depth from the National High way. We are, however, not impressed by this argument. A bare look at the site -plan would reveal that the construction activity was solely confined to the land adjoining the National Highway upto a depth of 30/40 feet Moreover, the land comprised of the said Khasra numbers was being used as a cremation ground prior to the present acquisition. Obviously, this land could not have any potential for being used as urban area, and as such it was difficult to uphold the market value assessed by the learned Single Judge, but as there is no appeal by the State we cannot interfere therewith. The contention raised, therefore, has to be overruled.