PALA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of RFA Nos. 388, 387, 389, 390 and 130 of 1998, as common question of law and facts are involved therein.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), dated 7.9.1988 followed by notification 6 of the Act, dated 12.1.1989, land measuring 2136 kanals 14 marlas in village Agroha, was acquired for setting up Maharaja Agarsen Institute of Medical Research and Education, Agroha, Tehsil and District Hisar.

(3.) THE Commissioner and Secretary to Government of Haryana, Department of Health on behalf of the State had notified a departmental Committee in terms of Para 466 of the Land Administration Manual and Standing Order No. 28 vide order dated 24.2.1989, to negotiate the total price which the land owners would be willing to charge for the land mentioned in the notification. The Committee recommended Rs. 60,000/- per acre for Nehri, Rs. 40,000/- per acre to Tal, Rs. 28,000/- per acre for Tibba and Rs. 75,000/- per acre for Gair Mumkin. The rates recommended by the negotiation committee were accepted by the Government of Haryana, through the Commissioner and Secretary to Govt. of Haryana vide order No. 21/2/88-2HB-IV dated 14.3.1989. The rates sanctioned by the Government were total and final settlement of the value of the acquired land. Some of the land owners did not opt for acquisition at the negotiated rate. The total land under this category came to be 826 kanals 11 Marlas for which the Collector awarded Rs. 40,000/- per acre for Nehri, Rs. 20,000/- per acre for Tal, Rs. 14,000/- per acre for Tibba and Rs. 55,000/- per acre for Gair Mumkin.