RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of ours would dispose of Letters Patent Appeal Nos. 670, 693, 708 to 716 of 1985, 455, 456, 238 of 1986 and 829, 1394 to 1397 of 1991 as they arise out of common award of the Land Acquisition Court and common judgment given by the learned Single Judge.

(2.) In order to appreciate the question involved herein, it is necessary to have a look at the facts of the case. A big chunk of land measuring 205 Acres, 5 Kanals and 15 Marlassituated within the revenue estate of Kherpur on the outskirts of Sirsa town was acquired by the Haryana Government in pursuance of the notification Under Section 4 of the Land Acquisition Act (hereinafter referred as the 'Act') on April 14, 1976 for the construction of Mini Secretariat, Police Lines and Housing Colony. It appears to us and as was not disputed during the course of arguments that the necessity for acquiring the disputed land arose on account of Sirsa town having been made a district headquarter with effect from 1.9.1975. The Land Acquisition Collector assessed the market value of Gair Mumkin and Barani land at Rs. 6,300/- per acre whereas Canal Irrigated and Chahi land was valued at Rs. 73,450/- per acre vide his award dated 15.9.1978. The land-owners feeling aggrieved against the aforesaid award sought reference Under Section 16 of the Act and the learned Additional District Judge after discussing the entire evidence divided the area into 'most preferential area and second rate area'. The area upto the depth of 60 yards from Barnala Road on either side and the area situated within the depth of 60 yards from Sirsa major distributary was considered to be part of 'most preferential area' whereas the rest of the land was declared as 'second rate area'.

(3.) The learned Addl. District Judge assessed the land falling in 'most preferential area' at Rs. 144/- per marla whereas the rest of the land falling in 'second rate area' was evaluated at Rs. 80/- per marla. Different valuations regarding standing crops, trees and super structures were also fixed with which we are not concerned in Letters Patent Appeals.