SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SIXTY -five appeals challenging the award dated 30.08.2000, passed Additional District Judge, Ambala, shall stand disposed of by this in all these cases. one judgment, as a common issue is to be determined in all these cases. RFA Nos. 2617, 944, 2025, 379, 364, 935, 377, 936, 937, 2026, 380, 378, 381, 382, 383, 2614, 2615, 2616, 2618, 2619, 2620, 2613, 384, 938, 2024 and 927 of 2001, RFA No. 1424 of 2002 and RFA No. 2040 of 2004 have been filed by the land-owners, whose land has been acquired, seeking enhancement of the compensation in lieu of acquisition of their pieces of land, while RFA Nos. 4411, 151, 391, 4412, 4400, 152, 4405, 4409, 141, 4406, 4401, 4402, 4403, 4408, 4407, 144, 146, 148, 149, 150, 4413, 4404. 4410, 386, 388, 142, 147, 143, 145, 389, 387, 385 and 390 of 2001, RFA Nos. 1451 and 1452 of 2002, RFA No. 829 of 2003 and RFA No. 3290 of 2006 have been filed by the State of Haryana, challenging award of compensation to the claimants - land-owners, claiming it to be on higher side. However, for determination of the present controversy, the facts are being taken from RFA No. 2617 of 2001.

(2.) VIDE notification dated 8.2.1989 issued under Section 4 of the Act, the Haryana Government proposed to acquire the land situated in Hadbast No. 88 of village Naraingarh and hadbast No. 307 of village Milk, Tehsil Naraingarh, District Ambala. Thereafter, vide notification dated 7.2.1990 issued under Section 6 of the Act, the said land was acquired and the Land Acquisition Collector, Panchkula was directed under Section 7 of the Act to start the process for the acquisition of the land in question. Notices were issued under Section 9 of the Act to the land-owners and the interested persons for assessment of compensation. The Collector after hearing the parties, vide his award dated 5.2.1992 assessed the compensation for the land-owners of Hadbast No. 88 of village Naraingarh at Rs. 1,37,223/- per acre for Chai land; Rs. 1,75,000/- per acre for gair mumkin land; Rs. 1,50,000/-per acre for Barani land, and Rs. 50,000/- per acre for Banjer Kadim land. Besides this, solatium at the rate of 30% of the market value and interest permissible under the Act were also granted.

(3.) BOTH the parties led evidence to substantiate their respective claims. After considering evidence on record and the rival contentions, the Additional District Judge vide his award date 30.8.2000 assessed the market value of the acquired land at Rs. 2720/- per Marla. The amount of compensation awarded to the claimants of references bearing LAC Nos. 43, 46 and 69 on account of super-structures, etc., was enhanced to Rs. 15,160/-, Rs. 14060/- and Rs. 16,429/-, respectively.