ISHWAR DEVI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present regular first appeal has arisen from the order of the Court of Sh. I.P. Vasishth, District Judge dated 21.9.1988 accepting the reference application under Section 18 of the Land Acquisition Act whereby the claimants are held entitled to compensation at the rate of Rs.55,000/- per killa along with statutory benefits instead of Rs.40,000/- per killa as assessed by the Land Acquisition Collector.

(2.) Not satisfied with the said judgement of the District Judge, Ambala the claimant/land owner has filed the present appeal for further enhancement of the compensation of the acquired land.

(3.) Vide notification dated 18.12.1984 published under Section 4 of the Land Acquisition Act, 1994 (hereinafter referred to as the 'Act') an area measuring 14 Kanals 13 marlas of land belonging to the appellants situated in revenue estate of Village Saha Tehsil & District, Ambala was sought to be acquired by the State of Haryana for public purpose i.e. construction of warehouse by the Haryana Warehousing Corporation. After proper enquiry, an award was made by the Land Acquisition Collector on 21.3.1985 and compensation at the rate of Rs.40,000/- per acre (killa) was awarded to the claimants-appellants. In addition to this, an amount of Rs.2,000/- towards compensation for the standing mango trees along with compulsory acquisition and other dues as permissible under the Act were also awarded to the claimants. However, dissatisfied with the award dated 21.3.1985 passed by the Collector , the land owners filed application claiming reference under Section 18 of the Act. According to the appellants, the acquired land had great potential of being converted into and used for commercial and residential purposes because of its favourable location at a place quite close to the State Highway. It was averred that there was all round development in the near vicinity of the acquired land and that keeping in view the market trend it could easily fetch any price upto Rs.40,000/- per marla and as such, the amount awarded was wholly inadequate.