UNION OF INDIA Vs. BALBIR SINGH

JUDGEMENT

(1.) This bunch of 67 regular first appeals including cross objections arise from a common notification, common award and raises common question of fact and law for determination by this Court. Thus, it would be appropriate to dispose of these appeals by a common judgment.

(2.) Reference to the basic facts as they emerge from the record would be appropriate. 42.7 acres of land in village Shamshabad, Tehsil Sirsa, District Sirsa was intended to be a acquired by the State of Haryana as declared in a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), published on 17.2.1990. Notification under Section 6 of the Act was published in the official gazette of the State of Haryana on 12.3.1990 as a follow up to the notification under Section 4 of the Act. The exact area actually acquired on measurement was stated to be 42.80 acres and the difference of 0.3 acres was stated to be a difference resulting from error in measurement. This was so accepted by the revenue authorities as well as the Court below. Notices under Section 9 of the Act were issued, which were contested before the Collector, who vide his award dated 12.6.1990 awarded the following compensation keeping in view the nature of the land :- <TAB> i. Nehri land Rs. 65,000/- per acre ii. Barani land Rs. 50,000/- per acre Land abutting the Sirsa Dabwali Rs. 1,00,000/- per acre. Road upto depth of 40 karams and Gair Mumkin plots/abadi land.</TAB>

(3.) Before the learned Additional District Judge, the parties had led documentary as well as oral evidence. The claimants/landowners produced 19 witnesses who were examined in Court and produced on record 16 sale instances. Mainly the sale instances relied upon by the claimants were Ex.P/20, P/23, P/50, P/65 and P/72 (Award in relation to adjacent village Mirpur). The respondents examined three witnesses i.e. RW 1 to RW 3 and relied upon 14 sale instances Exhibits R/3 to R/16. The details of the value reflected in the sale instances produced by the parties reads as under:-