STATE OF HARYANA Vs. GORKHA (DEAD)

JUDGEMENT

(1.) In pursuance of a notification published under section 4 of the Land Acquisition Act on 24th May, 1976, the appellant-State acquired 7 Kanals and 12 Marlas of land falling within the revenue estate of village Kheri Nangal for purposes of allotment of residential plots to landless/homeless Harijans and members of Backward Classes. Though the Collector evaluated this land at the rate of Rs. 6,400/- per acre yet as a result of the reference sought by the landowner/claimants the lower court has enhanced this rate to Rs. 2,500/- per Kanal. Both the sides impugn, this award. Whereas the State authorities make a grouse of this enhancement, the claimants, vide their X-objections No. 115-C of 1980, still clamour for a higher rate of compensation. In view of the identity of facts and contentions raised therein, the appeal and the X-objections are disposed of through this common judgment.

(2.) It is the undisputed position that for pronouncing its award, the lower court has primarily depended upon sale instance P1 which pertains to the sale of 1903-4/9 square yards of land for a sum of Rs. 20,938/- on 23rd September, 1974. The parties again do not dispute that this was undoubtedly the most relevant sale instance on which the lower court could place reliance. To this extent, the learned counsel for the parties do not criticise the approach of the lower court. The grouse of the claimants, however, is that in spite of the very advantageous location of the suit land, the lower court has, through a queer process of reasoning, reduced the market rate as disclosed by Ex. P I by one-half for evaluating their land. This, according to their learned counsel, is not, sustainable.

(3.) So far as the location of the land is concerned, the lower court has observed as under :-