CHUNI Vs. HARYANA STATE

JUDGEMENT

(1.) This judgment disposes of 45 Regular First Appeals Nos. 605, 391, 472, 589 to 604, 606, 607, 609 to 623, 763, 810, 831, 838, 874 and 876 to 879 of 1986, preferred by the landowner claimants whose lands have been acquired by the State Government for being developed as Sector 15-A of the Urban Estate, Hisar by the Haryana Urban Development Authority.

(2.) In pursuance of a notification published under Section 4 of the Land Acquisition Act (for short, the Act) on May, 15, 1979, an area measuring 142.38 acres was acquired for the above noted purpose. The Land Acquisition Collector categorised this land into Blocks 'A', 'B' and 'C' for purposes of evaluating it. He determined the market value of these blocks at Rs. 9/-, Rs. 8/- and Rs. 6/- per square yard respectively. Since the claimants did not accept the fairness of this award, they sought their respective references under section 18 of the Act and as a result of that the District Court, Hisar affording the parties an opportunity to lead evidence evaluated the entire land at a flat rate of Rs. 11.25 per square yard. It was also done in the light of the potentiality it has come to acquire by the time it was notified for acquisition. The claimants still not feeling satisfied with this common award of the lower court have preferred these appeals. Concededly identical questions of law and fact arise in these cases and, therefore, these appeals are being disposed of together.

(3.) The primary submission of learned counsel for the appellants is that the lower court was not justified in ignoring the sale instances Exhibits P. 1, P. 3, P. 4, P. 9, P. 11 and an earlier award of this Court. Exhibit P. 18. The reasons for not accepting these instances have been stated in paragraphs 14 and 15 of the judgment. Having perused the same in the light of the submissions recorded by the lower counsel, I find not material to disagree with the conclusions recorded by the lower Court. All these sale instances relate to the sale of small and minimal areas of 200 square yards or so and that too in the years 1968 to 1978, i.e., much earlier to the present notification under section 4 of the Act. Vide award Exhibit P. 18 the acquired land was evaluated at Rs. 150/- per square yard. I, however, again find no compassion in the two lands, i.e., the land covered by the said award and the presently acquired land. As a matter of fact the two lands are intervened by a Rajbaha (minor) providing no bridges or approaches from one side to the other. It is only through the main road, i.e., Hisar-Rajgarh-Road, that the presently acquired land can be approached if one has to start from the side of the main city Hisar.