LAWS(P&H)-2008-12-110

GIAN CHAND Vs. STATE OF HARYANA

Decided On December 04, 2008
GIAN CHAND Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of 39 Regular First Appeals bearing RFA Nos. 1600, 1142, 962, 1144 to 1161, 1222, 1223, 1247, 1249, 1596 to 1599, 2640, 748, 749, 757, 796, 810, 868 to 870 and 1143 of 2000 preferred by the landowners as well as the State of Haryana, against the award of the learned Reference Court dated 27.1.2000, as common questions of law and facts are involved in these appeals. The facts are however, taken from RFA No. 1600 of 2000 (Gian Chand v. State of Haryana and another).

(2.) IN order to acquire 1738 kanals 13 marlas of land situated in the revenue estate of village Tajewala, Tehsil Chhachhrauli, District Yamuna Nagar for public purpose, namely for the construction of 'Western Yamuna Canal Hydro Electric Project Stage-II', the Power Department of Government of Haryana got issued a notification dated 02.12.1996 under Section 4 of the Land Acquisition Act, 1894 (for short,'the Act'). Notification of declaration was issued under Section 6 of the Act on 08.4.1997, and was published in the official Gazette on the same day, whereby the Government had decided to acquire 701 kanals 7 marlas of land out of the land notified under Section 4 of the Act.

(3.) THE landowners/claimants remained unsatisfied with the award of the Collector thus they filed objections 18 of the Act in which it was, inter- alia, averred that the value of the acquired land was not less than Rs. 5 lacs per acre at the time of issuance of notification under Section 4 of the Act. In some cases, compensation awarded in respect of trees was also disputed.