STATE OF HARYANA Vs. KAILASHWATI

JUDGEMENT

(1.) THIS set of eleven regular first appeals--all preferred by the State of Haryana (with cross-objections in nine) admittedly give rise to identical issues of law and fact and are, therefore, being disposed of by thus single judgment.

(2.) BY a notification under S. 4 of the land Acquisition Act published in the Government Gazette on the 1st of May, 1973, an area of 70 acres in all was sought to be acquired for the public purpose of the construction of the Hissar bye-pass on National Highway No. 10 connecting Delhi, Hissar, Sirsa and Fazilka. In this acquisition proceedings, that followed, the Collector rendered his award on the 24th of Dec. 1973, wherein he classified the land into two blocks on the basis of its proximity or otherwise from the village of Sat Rod and awarded compensation at the rate of' Rs 6480)per acre for the land falling in 'a' block and at the rate of Rs. 5000/ per acre for the remaining land in 'b' block. Feeling dissatisfied with the compensation awarded the landowners preferred a number of references which were all consolidated for trial by the learned Additional District Judge, Hissar. The solitary issue framed therein on merits was with regard to the compensation to be awarded to the landholders and it is the common case that in this set of appeals also this very question is the only one which fails for determination.

(3.) ON behalf of the landowner-claimants as many as 11 instances of sale transactions in the vicinity Exhibits P. 1 to P. 11 were brought on record. In rebuttal the respondent-State relied on copies of registered sale deeds and mutations R. W. 1/2 to R. W. 1/13 being instances of transfers of land in the adjoining areas. Apart from these oral testimony of witnesses was also adduced. The learned Additional District Judge on a consideration of the whole record enhanced the compensation in block 'a' to Rs. 9000/- and that of block 'b' to Rupees 6000/- per acre Apart from awarding the statutory solatium at the rate of 15 per cent he also directed that interest at the rate of 6 per cent be paid to the landowners on the compensation inclusive of this solatium.