STATE OF HARYANA Vs. AKHARA PANCHAYAT MAHA NIRWANI

JUDGEMENT

(1.) I propose to decide four connected Regular First Appeals bearing No. 2135 of 1991, 2301 of 1991, 2302 of 1991 and 2303 of 1991 as common questions of law and facts arise in all these appeals. Even the Additional District Judge consolidated all the petitions arising from the same acquisition and decided the same by a common judgment. These appeals have been filed by the State of Haryana praying that the order passed by the Additional District Judge dated May 4, 1991, vide which compensation as assessed/enhanced by the Land Acquisition Collector be set aside.

(2.) BRIEF facts of the case reveal that the Government sought to acquire 5. 33 acres of land situated in village Gledwa, Tehsil Pehowa, District Kurukshetra for the public purpose, namely, for construction of road from village Gledwa to Bulbehera vide notification issued on that behalf on January 25, 1983. This notification was followed by a declaration that was issued under Section 6 of the Act on April 19, 1983. Ultimately, the Land Acquisition Collector vide his award dated March 29, 1985, assessed compensation of Chahi land at the rate of Rs. 26,000.00 per acre whereas Ghair mumkin land was assessed at Rs. 18,000.00 per acre.

(3.) AFTER the resultant trial the learned Additional District Judge vide impugned judgment awarded compensation to the claimants at the rate of Rs. 30,000.00 per acre. Claimants were held entitled to solatium at the rate of 30% per annum on the enhanced amount of compensation. They were also held entitled to 12% additional amount as provided under Section 23 (1 A) of the Act on the market value of the land from the date of notification under Section 4 of the Act till the date of award by the Collector on the amount of compensation. They were also awarded interest on the amount of compensation and on the enhanced amount of solatium at the rate of 9% per annum for one year from the date of award and thereafter at the rate of 15% per annum till the date of payment.