STATE OF HARYANA Vs. PALA SINGH

JUDGEMENT

(1.) IN this set of eleven Regular Fist Appeals bearing Nos. 2002 to 2012 of 1994, as in every such like matters the only question that needs determination is as to what was the correct market value of the land that was acquired and for which the claimant/respondents had made an application Under Section 18 of the Land Acquisition Act.

(2.) BRIEF facts of the case reveals that vide notification issued Under Section 4 of the Land Acquisition Act, on October 26, 1971, the Government sought to acquire 8. 03 acres of land in village Talheri, Tehsil Pehowa, District Kurukshetra for a public purpose, namely, for construction of link road from Ambala-Hisar road to village Chanalheri via village Talheri in District Kurukshetra. This notification was followed by declaration issued Under Section 6 of the Act on June 3, 1973. In ultimate analysis, however, land measuring 5. 11 acres was acquired. The land Acquisition Collector, Kurukshetra assessed the market value of the land as per its nature. Whereas, chahi land was assessed at Rs. 5000.00 per acre, Banjar. Banjar Wadim and Gairmumkin land was assessed at Rs. 4000.00, 3000.00 and 2000.00 respectively. Aggrieved by this decision of the Land Acquisition Collector, the claimant-respondents (hereinafter referred to as the claimants) made their applications Under Section 18 of the Land Acquisition Act and sought reference before a court of competent jurisdiction. They pleaded that market value of the land was not less than Rs. 40,000.00 per acre. Their claim as made out in the petitions was contested by the State as it was pleaded in the written statement that the site was inspected by the Land Acquisition Collector before assessment of compensation and the compensation was reasonable, legal and fair.

(3.) IT is no doubt that the claimants and one of the witness examined on their behalf i. e. Sarpanch at the time clearly stated that market value of the land at the time when notification Under Section 4 of the Act was issued, was not less than Rs. 50,000.00 but insofar as documentary evidence of the parties in the shape of sale instances is concerned, the same is tabulated as follows