LAWS(P&H)-2008-8-126

SUKH LAL Vs. STATE OF HARYANA

Decided On August 22, 2008
SUKH LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of RFA Nos. 543, 642, 643, 713 to 718 of 1990 and 1572 of 1991, as common questions of law and facts are involved.

(2.) BRIEFLY stated the facts of the case are that vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), dated 16.3.1978 and the corrigendum notification dated 26.04.1979, land falling in villages, namely Kanwah, Bilochpura, Nawada, Redhuwas, Sahajanpur and Jadwana was acquired for public purposes, namely, to construct Bhindawas Lake.

(3.) BHAGMAL son of Sher Singh resident of village Redhuwas and others moved an application under Section 18 of the Act. The matter was referred to the District Judge, Rohtak. Sh. D.D. Yadav, Addl. District Judge, Rohtak, vide his award dated 27.04.1988, ordered enhancement of compensation in respect of the 'Bhur' quality of the acquired land. This being in excess of the amount awarded by the collector under Section 11 of the Act, the appellants herein moved the Collector under Section 28-A of the Act, for redetermination of the amount of compensation payable to them which was rejected by him on 30.01.1989 and referred the matter to the Civil Court.