STATE OF HARYANA Vs. BEER SINGH

JUDGEMENT

(1.) This appeal as well as R.F.A. No. 579 of 1983 (State of Haryana v. Chittar and others), 581 of 1983 (State of Haryana v. Panna and another, and 583 of 1983 (State of Haryana v. Bakhtawar and others), are directed against the award of the Additional District Judge, Karnal, dated 28th February, 1983, whereby, market value of Nehri and Chahi land was assessed at Rs. 13,000/- per acre and the compensation at the said rate was awarded together with solatium at the rate of 15 per cent on the enhanced amount of compensation, as well as interest at the rate of 6 per cent per annum from the date the claimants were dispossessed, till the payment, on the enhanced amount of compensation and the solatium thereon. As common questions of law and fact are involved in all these appeals, these shall be disposed of by one judgment.

(2.) State of Haryana vide notification under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') published in the Haryana Government Gazette dated 27th July, 1976, acquired land for public purpose, namely, construction of S.Y.L. Canal, parallel to the Narwana Branch Karnal Link Channel, in revenue estate of village Kachwa. The acquired land, admittedly, is located at a distance of three kilometers from Karnal. The Land Acquisition Collector awarded compensation at the rate of Rs. 8,000/- per acre for Nehri/Chahi/Ghair Mumkin type of land. On references made by the claimants-landowners, concerning inadequacy of compensation paid to them, the Additional District Judge enhanced the compensation for Nerhi and Chahi land at the rate of Rs. 13,000/- per acre.

(3.) On behalf of the State it was contended that the Additional District Judge has erred in relying solely on the instance of sale (Exhibit P2), which relates to the sale of 1 Kanal 16 Marlas of land for Rs. 4,000/- on 24.4.1973, and ignoring mutations R2 to R12, produced on behalf of the State.