TIKKA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN pursuance of Notification No. 2766/d-2 dated 25. 2. 1977 Under Section 4 of the Land Acquisition Act (Act 1 of 1894) as declared vide Notification No. 3708/d-2 dated 10. 3. 1977 Under Section 6 thereof, published in the Gazette of Haryana Govt. , dated 15. 3. 1977, and measuring 604 kanals 19 marlas situated in village Daha, Tehsil and District Karnal, was acquired for public purpose namely Extension of Haryana Armed Police, Campus Madhuban, Karnal. Land acquired was of different kinds. It was Chahi, Nehri, Barani Jhur, Gair Mumkin Khal, Gair Murnkin Tube-well, Wells and Makans, Gair Mumkin Rasta, Malkiati, Gair Mumkin Rasta. Land Acquisition Collector gave Award awarding Rs. 10,000.00 per acre for Chahi and Nehri Land. . He awarded Rs. 10,000.00 per acre for Gair Mumkin Khal, Gair Mumkin Tube-wells, Wells and Makans and Rs. 8,000.00 per acre for Barani Land and Rs. 3,200.00 per acre for Gair Mumkin Rasta. He awarded no amount for 46 Kanals 4 Marias of Gair Mumkin Rasta Land as it was used as Rasta by the public uninterruptedly as per entries in the revenue records. Not satisfied with the award and the amount of compensation and the justness of the methodology adopted for evaluating the land acquired, land owners sought references Under Section 18 of the Land Acquisition Act, 1894 to the District Judge, Karnal and claimed compensation at higher rate.

(2.) ADDITIONAL District Judge, Karnal, disposed of the reference No. 92/4 of 1979 and 102/4 of 1979 vide common judgment dated 20. 5. 1980, awarding compensation at the rate of Rs. 20,000/per acre for Nehari and Chahi land and Rs. 11,200.00 per acre for barani Land. He awarded solatium and interest on the amount of enhanced compensation.