AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this order we propose to dispose of two connected Letters Patent Appeals bearing No. 4 of 1990 and 446 of 1991. The learned single Judge vide his judgment dated 26th of November, 1988 determined market price of the acquired land belonging to the claimant-appellants at the rate of Rs. 40.00 per square yard. The appellants were held entitled to 30 per cent solatium thereon and additional compensation at the rate of 12 per cent per annum from the date of notification published Under Section 4 of the Land Acquisition Act upto the date of the award of the Land Acquisition Collector or the date of taking over possession whichever is earlier and 9 per cent interest on the amount of compensation as determined for one year from the date of taking over possession and thereafter at the rate of 15 per cent till realisation. In the present Letters Patent Appeal the claimants' prayer is for determining market value over and above the one fixed by the learned Single Judge and accordingly to modify the judgment under appeal.

(2.) THE brief facts of the case reveal that the Government vide notification dated 3rd of September, 1982 issued Under Section 4 of the Land Acquisition Act sought to acquire 44 Kanals 5 Marias of land in village Fatehpur Pundri in District Kurukshetra for the public purpose, namely, for the construction of 132 KV Sub Station Pundri. The Land Acquisition Collector vide his award assessed the market value of the land at the rate of Rs. 33,600.00 per acre for Chahi land and Rs. 13,125.00 per acre for Gair Mumkin land. Fifteen per cent solatium was also allowed. Dissatisfied on account of inadequate compensation awarded by the Land Acquisition Collector, the claimant-appellants filed their reference Under Section 18 of the Land Acquisition Act. The learned Additional District Judge before whom the reference came up for decision vide its judgment dated 30th of May, 1985, determined market value of the land at the flat rate of Rs. 12.00 per square yard. The claimants were also held entitled to other statutory benefits. Still dissatisfied, the claimants preferred Regular First Appeal in this Court and were able to get further enhancement of the compensation in the manner fully detailed above. As mentioned above, in the present Letters Patent Appeal, they seek for further enhancement.

(3.) MR . Harbhagwan Singh, the learned Senior Advocate representing the appellants, however vehemently contends that there was no reason whatsoever not to rely upon sale deed Ex. P-9 dated 2nd of September, 1979 vide which two Marias of land was sold for Rs. 7,000.00 at the rate of Rs. 5,60,000.00 per acre. This sale instance was comparable to the land under acquisition and it was proved that the sale was genuine one and came into existence far prior to when notification Under Section 4 was issued. He further contends that even award subject matter of acquisition in R. F. A. No. 299 of 1980 was to be made the sole basis for determining market value of the land in this case, on account of time lag of ten years, the market value ought to have been determined far higher than Rs. 40.00 per sq. yard.