MANI RAM Vs. HARYANA STATE

JUDGEMENT

(1.) Vide this judgment, four regular first appeals are for disposal. R.F.A. Nos. 1920 of 1985, 1775 of 1985 and 18 of 1986 have been filed by the owners. The appellants in these appeals claim higher compensation for the land acquired. The fourth the appeal is R.F.A. No. 2327 of 1985 in which the appellant is a tenant, who is claiming more compensation for tenancy rights under section 30 of the Land Acquisition Act. These appeals have arisen from the judgment of Additional District Judge, Hissar dated August 26, 1985 determining compensation of the acquired land at the rate of Rs. 15,000/- per acre and allowing one-third share to the tenant and two-third share to the owners in respect of the land under tenancy.

(2.) 58 Kanals 3 Marlas of land situated in village Adampur was acquired by the State of Haryana for a public purpose, namely, for construction of building of Government College at Adampur, tehsil and district Hissar, vide notification dated May 4, 1981 issued under section 4 of the Land Acquisition Act. The Collector gave his award on March 31, 1982 fixing compensation for the acquired land at the rate of Rs. 15,000/- per acre. The landowners were not satisfied with the amount of compensation awarded and they moved applications under section 18 of the Act which were disposed of by the Additional District Judge as referred to above.

(3.) Exhibit P. 1 is the plan produced by the claimants showing the situation of the acquired land and other important buildings in village Adampur. The acquired land is shown in red colour. On two sides of the acquired land are roads leading to Bhadra coming from the side of the town. On the road towards the East of the acquired land towards the town are the School and Ginning Mill whereas on the other road which is towards the South are the abadi of the town, Bus Stand, Petrol Pump etc. The abadi is about 4 killas away from the acquired land. Oral evidence has also been produced by the claimants with respect to the above situation which is nto disputed. The fact cannot be lost sight of that though at the time of the acquisition of the land in dispute, there was not much development of the town, this side, however, the acquired land being situated very close to the ab adi of the town and surrounded by two roads leading to Bhadra could be used for commercial as well as residential purposes in the near future and in that sense it has some potential value.