ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of four RFA Nos. 759, 1222, 2773 and 1223 of 1986 as the facts and law involved in these appeals are common.

(2.) BRIEFLY stated, 15 acres 4 kanals 17 marlas (i.e. 124 kanals 17 marlas) of land situated in village Kaul was notified under Section 4 of the Land Acquisition Act, 1894 (for short the 'Act') dated 25.6.1984 (published in the official gazette on 26.6.1984) for a public purpose namely for construction of 132 k.v. Sub Station, Kaul. Out of the acquired land, land measuring 102 Kanals 7 marlas was Chahi, land measuring 19 kanals 8 marlas was Nehri, land measuring 1 kanal 9 marlas was Banjar Jadid and remaining 1 kanal 13 marlas of land was Gair Mumkin kotha/tubewell etc. However, at the time of site inspection, it was observed that the entire land was of identical kind, therefore, the Land Acquisition Collector had treated the entire land as Chahi and Nehri for the purpose of assessment of compensation. Vide award dated 17.1.1985, the Land Acquisition Collector compensated the land owners with an amount of Rs. 30,000/- per acre. No tube-well was found in the acquired land and small size saplings of Safeda (Euealyptus) was compensated @ Rs. 5/- per sapling of Safeda and the land-owner were allowed to cut the trees. On reference under Section 18 of the Act, the compensation has been reassessed under Section 23 of the Act @ Rs. 45,000/- per acre on the basis of award Ex.5.

(3.) IN nutshell counsel for the appellants has argued that as per Ex. P-5, if the value of the land in village Kaul was Rs. 45,000/- per acre on 3.4.1981, then the appellants are entitled to an increase of at least 10% per acre for every year since their land was acquired on 25.6.1984. He has further referred to a decision of Hon'ble Apex Court in Special Land Acquisition Officer, BYDA, Bagalkot v. Mohd Hanif Sahib Bawa Sahib, 2002(2) RCR(Civil) 484 : AIR 2002 SC 1558.