PUNJAB WAKF BOARD Vs. STATE OF HARYANA

JUDGEMENT

(1.) In pursuance of the notification dated August 16, 1983, which was published on September 20, 1983, under Section 4 of the Land Acquisition Act, 1894 , (hereinafter referred to as the Act) State of Haryana sought to acquire land measuring 49 acres 1, K. 15 M from the revenue estate of Sirsa for public purpose i.e. for setting up auto Vehicles and commercial market, for Municipal Committee, Sirsa. The Land Acquisition Collector vide his award dated March 18, 1985, awarded compensation for chahi and gair mumkin land at the rate of Rs. 25,000/- per acre; while for nehri land at the rate of Rs. 20,000/- per acre. The Collector also awarded 30 per cent solatium over and above the said compensation, besides awarding compensation for tube-wells, buildings etc.

(2.) Feeling dissatisfied with the adequacy of the compensation awarded by the Collector, different land-holders sought references under Section 18 of the Act to the Additional District Judge, Sirsa. The learned Additional District Judge, vide his impugned award dated February 28, 1986, dividing the land in two belts vis-a-vis its location qua the Sirsa. Hissar metalled road, awarded compensation at the rate of Rs. 110/- per sq. yard regarding the land upto depth of 60 feet from the said road, while for the remaining and falling beyond that, except the acquired land of the Wakf Board, the compensation at the rate of Rs. 55/- per sq. yard was awarded. The compensation for nehri land belonging to Punjab Wakf Board was awarded at the rate of Rs. 30,000/- per acre, while the compensation for chahi and gair mumkin land was awarded at the rate of Rs. 35,000/- per acre. The learned Additional District Judge also awarded compensation for the standing structures, besides allowing other benefits provided under the amended provisions of the Act.

(3.) Still being dissatisfied with the award of the Additional District Judge, Sirsa, the Wakf Board have come up in this appeal, while the State of Haryana had filed Regular First Appeal No. 1863 of 1986, Mangat Ram and Chamba Ram lessees/tenants of the Wakf Board have filed Regular First Appeal Nos. 1280 of 1986 and 2020 of 1986 respectively for sharing the compensation of the acquired land with the Wakf Board. All these appeals shall be disposed of by this order as they arise out of the same award of the Additional District Judge, Sirsa, and rest upon the same evidence.