GURMANTER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) L .P.A. No. 977 of 1988 arises from R.F.A. No. 1220 of 1984, while L.P.A. No. 978 of 1988 arises from R.F.A 1221 of 1984. L.P.A. 979 of 1988 arises from RFA 1219 of 1984. L.P.A. 1324 of 1988 arises from R.F.A. 1222 of 1984. The learned single Judge disposed of all the above said First Appeals by the common judgment dated 2.6.1988 rendered in R.F.A. 1219 of 1984. These First Appeals in turn were preferred by the respective appellants/ claimants against the award dated 4.4.1984 passed by the Additional District Judge, Ambela (Mr. M.C. Aggarwal) in L.A.C. Nos. 193 of 1983, 195 of 1983, 194 of 1983 and 2/4 of 2.5.1983, who had disposed of all these Land Acquisition Cases by his common award.

(2.) L .P.A. 1211 of 1988 arises from the judgment in R.F.A. 466 of 1986 which was disposed of along with R.F.A. 465 of 1986 by the learned Single Judge of this Court by the judgment dated 2.6.1988. R.F.A. 466 of 1986 itself was preferred by the claimants against the award of the Additional District Judge, Ambala (Mr. V.M. Jain) in L.A.C. No. 588/4 of 1984 dated 27.9.1985 relying upon the decision of Mr. M.C. Aggarwal, Additional District Judge, Ambala, referred to above.

(3.) THE learned Additional District Judge held that the lands comprised in these sale deeds are not similar to the acquired lands since they related to small plots situated within the municipal limits of Ambala City whereas the acquired lands are large chunk of agricultural lands, and also that there is no evidence that they were within the said municipal limits at the time of acquisition. The learned Additional District Judge also opined that small plots generally fetch higher prices, and the rates of such plots cannot be relied upon at face value for evaluating the price of large chunks of acquired lands. The learned Additional District Judge further held that the lands comprised in the above said three sale deeds were definitely better in situation and potential in all respects than the present acquired lands. The learned Additional District Judge also held that the lands covered by these 3 sale deeds are on the main road or connected with pucca roads, and that they are also towards the Ambala City side of Dhulkot Railway Station, whereas the acquired lands are on the other side of the Railway Station. So, he held that these lands covered by these 3 sale deeds are not comparable to the present acquired lands.