STATE OF HARYANA Vs. JAGIR KAUR

JUDGEMENT

(1.) Award No. 8 of 1990-91 announced by the Land Acquisition Collector, Urban Estate, Panchkula gave rise to 98 references under Section 18 of the Land Acquisition Act (for the purposes of brevity hereinafter referred to the 'the Act'). All these references were disposed of by the learned Additional District Judge, Ambala upon consolidation in L.A.C. No. 33 of 1991/1992 vide its decision dated 6.10.1994. The judgment of the teamed Court was not acceptable to either of the parties to the proceedings, Consequently, the State of Haryana preferred 90 Regular First Appeals being dis-satisfied with the extent of compensation awarded, it being on higher side, while the land owners/claimants filed other 91 Regular First Appeals compensation awarded being on the much lower side then that claimed by the claimants.

(2.) For pervasive discussion of the matters falling for determination in these appeals references to basic facts, as they emerge from the record, would be necessary with its intention to acquire land for development and utilisation of lend, as residential and commercial area for Sector 10, Ambala under the Haryana Urban Development Authority Act, 1977, the State of Haryana issued a notification under Section 4 of the Land Acquisition Act on 2.2.1989. Vide this notification the State of Haryana had decided to acquire land measuring 190.79 acres for the revenue estate of village Sounda and land measuring 44.45 acres in revenue estate of village Jandli in District Ambala. In furtherance thereto notification under Section 8 of the Act was issued on 10.1.1990 and the Government actually acquired the entire land except 0.15 marlas, which was a result of arithmetical measurement mistake. Resultantly, the possession of the entire land was taken. At the out set it needs to be mentioned that an area of 6.9 acres was a low lying area in the revenue estate of village Sounda which was part of this acquisition.

(3.) The claimants filed objections and claimed compensation at the rate of Rs.20 lacs per acre. The Land Acquisition Collector, Urban Estates, Panchkula, awarded the following compensation:- <TAB> a) For the entire land acquired in : Rs. 1,01,376/- per acre villages Sounda and Jandli except to the extent indicated hereinafter. b) For the low lying area : Rs. 0,51,376/- per acre (6.9 acres in Village Souonda)</TAB>