GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Identical question of law and facts are involved in five Regular First Appeals bearing No. 1147 to 1149, 1328 and 1329 of 1991 filed by the State as well as by the claimants against the award of learned Additional District Judge, Kurukshetra dated 30.11.1990. Therefore, all the appeals are being disposed of by a common judgment. The facts, however, are being extracted from RFA No. 1328 of 1991 titled as Gurbachan Singh v. State of Haryana.

(2.) LAND measuring 11 Kanals 11 Marlas situated in the revenue estate of Patti Jhambra of Sahabad, Hadbast No. 253, Tehsil Thanesar, District Kurukshetra was notified under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') followed by notification of declaration issued under Section 6 of the Act dated 4.8.1988, published in the official gazette dated 16.8.1988, at public expenses, for public purpose, namely, "Disposal of works (Sewerage Scheme)" of Municipal Committee Sahabad. Although initially 11 Kanals 11 Marlas land was notified for acquisition but later on land measuring 1 Kanal 18 Marlas out of Rectangle, Khasra No. 53/19 adjoining the Sahabad Ladwa Metalled Road was released on the request of land owners. Thus, an area of 1 Kanal 18 Marlas was excluded and the remaining land measuring 9 Kanals 9 Marlas was acquired which was classified as Chahi. The Land Acquisition Collector (for short 'the Collector') vide his award dated 2.2.1989 awarded Rs. 66,000/- per acre for Chahi land. The claimants were aggrieved against the award of the Collector. They filed Objections under Section 18 of the Act and demanded a sum of Rs. 7000/- per marla of the acquired land alleging, inter alia, that it falls within the Municipal Committee of Shahbad(M); it falls on the Shahabad Ladwa General Main road; the prospects of the acquired land are very bright as it could be put to commercial as well as residential use; it is surrounded by Rice Shellers, Cold Storages, Anaj Mandi, Chemical Plants, FCI Godowns, Poultry Farms, College, Schools, Medical Clinics, Cinema, Abadi, Sugar Mill and HUDA has developed a residential colony nearby. The claim was contested by the respondent State and it was urged that Collector has already awarded the compensation in accordance with law. Therefore, no further compensation was required to be enhanced. On the pleadings of the parties, following issues were framed : (i) What was the market value of the suit land at the time of issue of notification under section 4(1) of the Land Acquisition Act ? OPP. (ii) Relief.

(3.) AFTER taking into consideration the oral as well as documentary evidence, the Reference Court found that it would be just and expedient to consider Ex.P1, Ex.P5 and Ex.P6 and awarded a sum of Rs. 6,36,388/- per acre besides awarding all the statutory benefits in terms of the Amended Act. Still unsatisfied, the claimants as well as State of Haryana have filed their respective appeals before this Court. The claimants are praying for enhancement of compensation whereas the respondent-State is aggrieved against the compensation that has been awarded to the claimants, therefore, they are praying for reducing the compensation.