BANARSI DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal as well as Regular First Appeals Nos. 449, 807, 808, 810, 811, 812, 1062, 1063, 1065 to 1068, 1190 and 1621 of 1985 and 103 of 1986 preferred by different land owners besides R. F. A. Nos. 1119 to 1135 of 1985 filed by the State of Haryana against the award dt. 22-2-1985 of Shri V. M. Jain, Additional District Judge, Ambala, shall be disposed of by this order as they relate to the same kind of land which was acquired vide the same notification. R. F. A. Nos. 1964, 1965 and 1966 of 1986 filed by the land owners besides R. F. A. Nos. 2035 to 2037 of 1986 preferred by the State, arise out of the award dt. 9-5-1986 passed by Shri M. C. Aggarwal. Additional District Judge, Ambala, shall also be disposed of by this order as these also relate to the same kind of land acquired vide the same notification.

(2.) IN pursuance of notification published on 23-8-1974 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') land measuring 9840 acres located in various Bhojas i. e. revenue estates of the Morni Hills of Tehsil Naraingarh District Ambala, was acquired by the State of Haryana at public expense for public purpose namely 'forest plantation and other anti soil erosion measures'. Notification under Section 6 of the Act followed on 22-4-1977. The Land Acquisition Collector, vide different awards relating to different Bhojas, given on 23-1-1979 awarded compensation of the acquired land at Rs. 35/-per acre besides allowing 15% solatium over and above the said compensation. No interest on the compensation was allowed as the possession of the land was not yet taken over by the State. Being not satisfied with the adequacy of the compensation awarded by the Collector, different land holders including the present appellant sought references under Section 18 of the Act to the Court of learned District Judge, Ambala, claiming that they were at least entitled to Rs. 5,000/- per acre as compensation of their acquired land. Shri V. M. Jain, learned Additional District Judge, Ambala vide his award dt. 22-2-1985 enhanced the compensation of the acquired land to Rs. 350/- per acre, besides allowing 15% solatium and interest at the rate of 6% per annum over the enhanced compensation from the date of taking possession of the acquired land. Shri M. C. Aggarwal, Additional District Judge, Ambala, vide his award dated 9-5-1986 awarded similar amount of compensation by placing reliance on the above referred award of Shri V. M. Jain.

(3.) 1 have heard the learned counsel for the parties besides perusing the record.