DIDAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of R.F. As. Nos. 566 to 570, 582; 1259 and 1260 of 1986; and Cross-objections Nos. 28-CI/1986 and 71-CI/1986 in R.F.As. Nos. 566 and 567 of 1986, respectively, as these arise out of the same award of the Additional District Judge, Amabala, dated 8th November, 1985, and rest upon the same evidence.

(2.) In pursuance of the notification published on 10th March, 1983, under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), the State of Haryana sought to acquire 16 Kanals 10 Marlas of land located in the revenue estate of village Dhulkot, District Ambala, for public purposes at public expense namely, for the construction of residential quarters for the officials posted at Ambala. The Land Acquisition Collector; Ambala, awarded compensation of the acquired land at the rate of Rs. 41307/- per Acre, i.e. at Rs. 8.50 paise per square yard, besides awarding 15% solatium over and above the said compensation. Being dissatisfied with the compensation of the land awarded by the Land Acquisition Collector, all these persons sought references under section 18 of the Act to the Court of the District Judge, Ambala. The learned Additional District Judge vide his impugned award enhanced the compensation of the acquired land to Rs. 50/- per square yard, besides awarding 30% solatium and other benefits under the amended provisions of the Act. Still being dissatisfied with the adequacy of compensation of the acquired land awarded by the learned Additional District Judge, the landowners have come up in appeals and Cross Objections. The State of Haryana has also filed appeals being aggrieved by the order of the learned Additional District Judge regarding enhancement of compensation.

(3.) After hearing the learned counsel for the parties, this Court felt the necessity of allowing additional evidence to the State of Haryana in order to produce sale deeds pertaining to the land, subject-matter of mutations Exhibits R5, R6, R8 and R9, vide detailed order dated 17th May, 1988. Accordingly, the State of Haryana tendered sale-deeds Exhibits R5/A, R6/A, R8/A and R9/A corresponding to the above referred mutations, but the landlords did not produce any sale-deed.