STATE OF HARYANA Vs. NITYA NAND

JUDGEMENT

(1.) THIS judgment shall dispose of RFA Nos. 1527- 1531 of 2003. 281-293 of 2008, 3840-3848 of 2003, 401 of 2004, 4271-4281 of 2003 and 522-542 of 2003 filed by the claimants/land owners and RFA Nos. 4009-4028 of 2003, 941-985 of 2003 filed by the State of Haryana as common questions of law and facts are involved in all the aforesaid appeals. However, the facts are being taken from RFA No. 1527 of 2003 titled Rajpal and others v. State of Haryana and others.

(2.) VIDE notification dated 10.5.1999, issued under Section 4(1) of the land Acquisition Act., 1894 (for short the 'Act') land measuring 14.35 acres and 14.03 acres situated at village Quatopuri Buzurg and Rohdai, District Rewari respectively, was acquired at public expenses for the public purpose namely for the construction of JI N Rattanthal Link Channel from Km/RDO.000 to Km/RD27.500., for the department of irrigation. The Collector vide his Award No. 31 dated 16.6.2000 pertaining to the land of village Quatopuri Buzurg assessed the market value @ Rs. 1.5 lac per acre for Chahi land, one lac per acre for Barani, Magda, Namoth and Bhud land and Rs. 1.5 lac per acre for Gair Mumkin whereas vide Award No. 28 dated 5.5.2000 pertaining to the land of village Rohdai, market value was assessed @ Rs. 2 lac per acre for Chahi land, Rs. 1,30,000/- per acre for Gair Mumkin land and Rs. 1,50,000/- per acre for Magda Land.

(3.) DISSATISFIED with the award of the Collector, Objections under Section 18 of the Act were filed in respect of land of village Quatopuri Buzurg, Rohdai and Gazi Gopalpur. In the case of the acquisition of land of village Quatopuri Buzurg, it was pleaded by the claimants that market value was not less than Rs. 6 lacs per acre. In the case of acquisition of land of village Rohdai, the appellants clamoured for fixation of market price not less than Rs. 20 lac per acre. Similarly in the case of village Gazi Gopalpur, it was claimed that less compensation has been awarded by the Collector without appreciating potebtial value of the acquired land.