RISALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) LETTERS Patent Appeals No. 382 to 386 and 1139 to 1155 of 1987 are directed against the judgment of the learned Single Judge dated 3. 2. 1987. Letters Patent Appeals No. 847 to 849 of 1990 are directed against the judgment dated 2. 8. 1988 passed by the learned Single Judge allowing the cross objections filed by the appellants in terms of the order dated 3. 2. 1987 passed in R. F. A. No. 1982 of 1985 'puneet Kumar v. Haryana State and Anr.

(2.) FACTS which are necessary for adjudicating these appeals are that vide notification dated 9. 6. 1981 issued Under Section 4 of the Land Acquisition Act, 1894, the Government of Haryana in the Housing Department initiated action for acquisition of 88 Bighas 13 Biswas of land situated in Kalka, Tehsil Kalka, District Ambala for setting up of Housing Board Colony, Kalka. This was followed by notification Under Section 6 of the Act of 1894. Vide award dated 10. 9. 1982, the Land Acquisition Collector-cum-Sub Divisional Officer, Kalka directed the payment of compensation at the rate of Rs. 35,000.00 per acre at a uniform rate alongwith 15% compulsory acquisition charges. He also granted Rs. 1,250.00 along with 15% compulsory acquisition charges to the claimant-Bishambhar Dass for the foundation laid by him in the acquired land. Compensation amounting to Rs. 8,461.00 alongwith 15% compulsory acquisition charges were ordered to be paid to Smt. Birmati in respect of the saw mill. The Land Acquisition Collector also awarded Rs. 18,300.00 plus 15% compulsory acquisition charges in respect of the building belonging to Om Parkash. The claimants sought reference Under Section 18 of the Act. Vide his judgment dated 14. 6. 1985, the Additional District Judge, Ambala disposed of the 44 references. He directed the payment of compensation at the rate of Rs. 17.00 per square yard alongwith 30% solatium and interest in terms of the Land Acquisition (Amendment) Act, 1984. In some individual cases, additional compensation was also ordered to be paid by the learned Additional District Judge. The claimants as well as Haryana Housing Board for whom the land was acquired filed appeals. Vide his judgment dated 3. 2. 1987, G. C. Mittal, J. (as he then was) allowed 27 appeals filed by the claimants and generally enhanced the amount of compensation from Rs. 17.00 per square yard to Rs. 21.00 per square yard. However, for the claimants who purchased the lands vide Ex. P. 14 to Ex. P. 16 at the rate of Rs. 35.00 or Rs. 36.00 per square yard. The learned Single Judge directed the payment of compensation at the rate of Rs. 35.00 or Rs. 36/per square yard. The learned Single Judge also directed the grant of benefit of the amendment made in the Land Acquisition Act by the Amending Act of 1984.

(3.) STILL not satisfied, the claimants have filed these appeals under Clause X of the Letters Patent.