KANWAR BHAN BHATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE land-owner is in appeal against the award of the learned Court below, whereby in reference under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act'), no enhancement was ordered and the award of the Land Acquisition Collector (for short, 'the Collector') was upheld.

(2.) BRIEFLY , the facts are that the land of the appellant was acquired vide notification dated 27.4.1979 issued under Section 4 of the Act for construction of Warehouse by Haryana Warehousing Corporation. The land is situated in Village Jundla (Karnal). Notification under Section 6 of the Act was issued on 27.6.1979. The Collector vide his award dated 28.2.1983 awarded compensation of Rs. 30,000/- per acre as market value of the land.

(3.) LEARNED counsel for the appellant submitted that the award of the Collector as well as of the learned Court below is totally contrary to the material on record. He submitted that the acquired land abutted the metalled road on two sides. It is situated at a distance of 150 yards from the abadi of village Jundla. Residential abadi, school and petrol pump are quite close to the land in question. Grain market was at a distance of about one furlong from the acquired land. He further referred to the findings recorded by the Collector while determining the market value of the land, wherein he also admitted that the land is located quite close to the village abadi and there were development activities in the village in the neighbourhood of the land in question. Learned counsel referred to sale deed dated 15.12.1975 (Ex. P2), wherein 10 marlas of land was sold for a sum of Rs. 6,000/-. Relying upon the said sale-deed, the submission is that it was a sale which had taken place almost four years before the acquisition of the land and the appellant would be further entitled to increase thereof at least @ 10% per annum. He also referred to site plan (Ex. P.3) showing where the land in question is situated and also the development and other activities in the vicinity including other existing structure are there. He submitted that the market value of the land was not less than Rs. 1,25,000/- per acre at the time of acquisition thereof. He further claimed that as front portion of the land had been taken away, the appellant is also entitled to severance on that account.