BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These are three claimants' appeals (R.F.A. Nos. 824 and 825 of 1974 and 28 of 1975), arising out of one notification and a common award rendered by the District Judge, Rohtak, and as such are being disposed of by one judgment.

(2.) By notification under Section 4 of the Land Acquisition Act (hereinafter called the Act), published on 11th of November, 1969, the State of Haryana acquired 278.13 acres of land in village Bohar for the planned development of a residential colony at Rohtak. The Land Acquisition Collector awarded compensation by making blocks and sub-blocks, according to the proximity of the land to the Delhi-Rohtak Road, as follows :-

(3.) Shri S.C. Kapoor, the learned counsel for the claimants, has argued before us that the land of his clients falls in Block B made by the learned District Judge and the three blocks made by him were not justified. According to him, only a portion of the land which abutted on the Delhi-Rohtak road could be given a preferential treatment and could be specified as a special class whereas there was no distinction between Blocks A and B and both these blocks should be constituted into one block and the compensation should be awarded uniformly for these blocks. We find merit in this contention. Once the learned District Judge held that the land in dispute had the potential of being used for residential or commercial purposes, the categorisation made into three blocks was in no case justified. Only the land which just abutted on the Delhi-Rohtak road would certainly have a preferential situation as compared to the rest of the area lying just behind it and there would be no further justification for making sub-blocks thereof for fixation of market value and awarding of compensation. Accordingly, we do not find any justification in making separate Blocks A and B and, we hold that for the land left in Blocks A and B uniform rate of compensation deserves to be allowed.