KHUSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pursuant to the notification issued under section 4 of the Land Acquisition Act, 1894 (hereinafter called the 'Act') and published on November 3, 1980, the State of Haryana sought to acquire 1528 kanals 9 mar as equal to 191.14 acres of land from the revenue estate of village Devidaspura, district Kurukshetra for the development and utilisation of land for residential, commercial and industrial purposes in the Urban Estate of Kurukshetra. The Land Acquisition Collector by his Award dated 2nd July, 1982 allowed the market price as follows ;-

(2.) Still being dissatisfied with the adequacy of the compensation the landowner- claimants filed Regular First Appeals No. 1258 to 1270 of 1984 which were disposed of by a common judgment in Regular First Appeal No. 1270 of 1984 by brother G.C. Mital, J., dated February 7, 1985, and the compensation of the acquired land was enhanced to Rs. 48,00/- per acre on the basis of the average of sale transaction Exhibit A. 16 and mutation Exhibit R. 7. An amount equal to 12 cent per annum over and above the said compensation was also awarded under the amended provisions of section 23 (1-A) of the Act, best allowing 30 per cent solatium of the market price. The interest enhanced to 9 per cent per annum for the first year from the date taking possession of the land and at the rate of 15 per cent per annum onwards till its payment.

(3.) The appellants being not satisfied with the adequacy of the compensation awarded in these Regular First Appeals have come up in letters Patent Appeals Nos. 747, 863 to 969 and 879 to 883 of 1985, contending that the claimants be awarded compensation at least at the rate of Rs. 80,000/- per acre. The other land owners have also filed Regular First Appeals Nos. 280, 318, 398 to 402, 404 to 410, 430 to 434 435, 437, 480, 562 to 568, 579 to 581, 640, 641, 645, 651 to 657, 660 to 667, 816 and 996 of 1985 against similar Awards of the Additional District Judge, Kurukshetra. All these Letters Patent Appeals and Regular First Appeals shall be disposed of by this judgment as these relate to the contiguous land acquired by the same notification and for the same purpose.