STATE OF HARYANA Vs. GRAM PANCHAYAT, VILLAGE KALERAN

JUDGEMENT

(1.) The State of Haryana has preferred this appeal against the award of the learned Additional District Judge, Ambala dated 30th May, 1980. The facts of this case lie in a very narrow compass and may thus, be noticed.

(2.) Lane measuring 11.53 Acres including the land measuring 38 Kanals belonging to the respondent Gram Panchayat was acquired by the Haryana State by issuance of a notification dated 23rd June, 1976 under Section 4 of the Land Acquisition Act (for short 'the Act') published on 6th July, 1976 in the official gazette. The land is situated in village Kaleran, Tehsil and District Ambala. It has been acquired for the construction of SYL Canal aligned opposite RD-192460 feet left side of Narwana Branch. The Land Acquisition Collector by his award dated 24th September, 1976 determined the market value of the acquired land at the following rates : Chahi land at the rate of Rs. 8000/- per Acre. Barani land at the rate of Rs. 6000/- per Acre. Ghairmumkin Rasta @ Rs. 3000/- per Acre. Ghairmumkin Khadan/Zakhira/Darakhtan/Nala @ Rs. 1500/- per Acre.

(3.) On reference under Section 18 of the Act, the learned Additional District Judge determined the market value at a flat rate of Rs. 8000/- per Acre for all the aforesaid categories of aldn exculuding chahi belonging to the respondent Panchayat. While awarding compensation at the abovesaid rate for Barani, Ghairmumkin Rasta and Ghairmumkin Khadan/Zakhira/Darakhtan/Nala kinds of land, the learned Additional District Judge relied upon an award Exhibit A-1. While giving award Exhibit A-1, the Court was delaing with the same notification which this Court is dealing with in the instant case.