AZAD SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE 337 appeals have been filed by the landowners and the State of Haryana in respect of the awards given by the courts at Gurgaon. The landowners claim that the market value of the land was Rs. 500.00 per square yard and that the court has erred in awarding a lesser amount. The State of Haryana claims that the compensation is highly excessive. Is it so? A few facts may be noticed.

(2.) ON November 17, 1982 the State of Haryana had issued a notification under Section 4 of the Land Acquisition Act, 1894 for the development of Sector 15 in Gurgaon. The land was to be utilised for residential, commercial and industrial purposes. On December 10, 1985, the notification Under Section 6 in respect of land measuring 256. 84 acres was issued. On September 21, 1986, the Collector had announced the award and determined the compensation @ Rs. 60,000.00 per acre for Chahi land, Rs. 50,000.00 per acre for Barani and Rs. 40,000.00 per acre for Gair Mumkin land. The landowners were not satisfied with the compensation awarded by the Collector. They, consequently, sought a reference. The court after consideration of the matter determined the market value of the land @ Rs. 68.00 per square yard. The market value of the land which was within 10 yards from the National Highway No. 8 viz. Delhi-Jaipur Road was assessed at Rs. 136.00 per square yard. Not satisfied, the landowners as well as the State of Haryana have filed these appeals.

(3.) THE oral evidence consists of the statements of the landowners; a registered valuer viz. PW4, Sh. Adlakha and a retired Naib Sadar Kanungo, Shri Shanti Narain PW6. The documentary evidence can be broadly divided into two categories. Exhibits P1 to P6, P8, P17, and P38 are the awards given by different courts in respect of different pieces of land in nearby areas. Exhibits P18 to P22 and P30 are the copies of the various sale deeds brought on record by the parties.