BIRINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine would dispose of R.F.A. Nos. 2556, 2519, 2520, 2555, 2567, 2568 of 1987, 671 to 683, 805, 948, 1152, 1174 and 1109 to 1116 of 1988 as they arise out of the common notification issued under section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act) dated 20.8.1980 and published in the Government Gazette of the same date. The facural matrix of case may thus be noticed.

(2.) The Haryana Government sought to acquire an area measuring 154.96 acres in village Gahri Mundo, Tehsil Jagadhari, District Amabala for a public purpose, namely, development and utilisation of land as residential and commercial area in the Urban Estate of Jagadhri. The Land Acquisition Collector assessed market value of the acquired land at Rs. 72,600/ per acre except an area measuring 15 Bighas 12 Biswas which was found to be in a depression of 5 to 7 feet from the other areas. The area under depression was evaluated at Rs. 20,160/- per acre. The learned Additional District Judge on reference under Section 18 of the Act at the instance of the claimants in R.F.A. Nos. 2519, 2520, 2555, 2556, 2557 and 2568 of 1987 determined the value of the acquired land at Rs. 77,600/- per acre vide his award dated 27.7.1987 except the land in depression for which no enhancement was made. At a later stage while dealing with the same notification dated 20.8.1980, the learned District Judge determined the market value of the acquired land at Rs. 79, 860/- per acre in R.F.A. Nos. 671 to 683, 805, 948, 1152, 1174, 1109 to 1116 of 1988 vide his Award dt. 11.1.1988. As regards the land which was evaluated at Rs. 20, 160/- peracre, it was held by him that there was no good evidence for concluding that the land had pits of 5 to 7 feet and therefore that part of land, that is 15 Bighas 12 Biswas, was evaluated at the same rate, that is Rs. 79,860/- per acre.

(3.) The learned Additional District Judge while determining the market value of the acquired land on the aforesaid rates has primarily taken into consideration the Award given by this Court (Ex. R. 11) in Regular First Appeal No. 398 of 1983 (Tungal V. State of Haryana) wherein I.S. Tiwana, J. determined the market value of the acquired land situated in village Gobindpura. The land of Gobindpura was acquired by issuance of a notification dated 25.9.1979. The learned Additional District Judge in Tungal's case determined the market value of the acquired land of Gobindpura at Rs. 15/- per square yard. This Court in Tungal's case maintained the rate of Rs. 15/- per square yard by dismissing the appeal filed by the claimants as well as by the State. The learned Additional District Judge found as a fact after discussing the entire evidence that the area of Gobindpura fell within the municipal limits of Jagadhri. Similar is the position of the land under acquisition in the present cases which also falls within the Municipal limits of Jagadhri. After making the Award of Gobindpura as the basis, the learned Additional District Judge in R.F.A. Nos. 2519, 2520, 2555, 2556, 2567 and 2568 of 1987 gave an increase of Rs. 5,000/- per acre and determined the market value at Rs 77, 600/- per acre. On the other hand, the learned District Judge while dealing with the Award of Gobindpura has made the same as the primary basis and has given 10 per cent increase and determined the market value of the acquired land at Rs. 79,860/- in R.F.A. Nos. 671 to 683, 805, 948, 1152, 1174 and 1109 to 1116 of 1988.