BEHARI LAL Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) WHETHER under Section 18(4)(b) of the Punjab Security of Land Tenures Act, the land vests forthwith in the purchasing tenant on the payment of the first instalment by him in pursuance of the order of the trial court, irrespective of the facts that in the subsequent appellate or revision proceedings, the purchase price may be revised, is the primary legal question which arises in these two connected Regular First Appeals.

(2.) BY the notification under Section 4 of the Land Acquisition Act dated the 8th of September, 1966, the land which is the subject matter of these appeals was sought to be acquired on public expense for the public purpose of the planned development of Sector 25 in the Ballabgarh - -Faridabad Controlled Area. Consequently, notification under Section 6 followed and in the subsequent acquisition proceedings, the Collector rendered his Award with respect to the claims made by the various landowners. Dissatisfied with the meagre compensation awarded , the claimants preferred reference under Section 18 which were consolidated for trial before the Additional District Judge, Gurgaon. The matter of apportionment between Maharaja Harinder Singh and his former tenant Bihari Lal was also referred to the Court under Section 30 of the Land Acquisition Act. These references were contested on behalf of the Respondent -State of Haryana and on the pleadings of the parties, the following issues were struck:

(3.) AS regards the issue of the compensation to be granted to the claimants it is unnecessary to advert to the evidence or the judgment under appeal, because the learned Counsel for the parties are agreed, that this matter is completely covered by the judgment in State v. Rajinder Singh, Therein also the land was acquired on the same date for the identical purpose of the planned development Sector 25, Compensation was awarded therein at three varying rates of Rs. 230, 200 and 120 per merla, depending upon the peculiar location of the land. Counsel here are further agreed that the land under acquisition in both these appeals falls in the second category aforesaid. This is otherwise evident from the judgment under appeal where it has been repeatedly mentioned that the land in dispute is well served by the Gaunchhi road. Following State of Haryana v. Bajinder Singh RFA 229 of 1970 decided on 19th February, 1979., we award compensation at a uniform rate of Rs. 200 per Maria to Bihari Lal claimant along with solatium at the statutory rate of 15 per cent and interest at the rate of 6 per cent on the enhanced amount from the date of taking over possession.