SARASWATI DEVI Vs. HARYANA STATE

JUDGEMENT

(1.) Vide this judgment four Regular First Appeals Nos. 1117 to 1120 of 1982 are for disposal as they have arisen out of the common award of the Additional District Judge, Karnal, whereby the compensation for the acquired land was determined.

(2.) The State of Haryana, vide notification dated Sept. 24, 1979, issued under section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') intended to acquire 53 kanals 8 marlas of land in village Mangalpur. district Karnal. for a public purpose, namely, for the augmentation of 220 K V. Sub Station. Notification under section 6 of the Act was published on Dec. 4, 1979. The Land Acquisition Collector announced the award on Jan. 19, 1980, fixing the market value of the acquired land as under : <FRM>JUDGEMENT_65_LAWS(P&H)10_19891.html</FRM> In addition to the value of the land so determined, a sum of Rs. 5000.00 was allowed to Smt. Saraswati Devi on account of severance charges. Since the claimants were not satisfied with the amount of compensation determined by the Collector, they moved applications under section 18 of the Act, which were disposed of by the Additional District Judge, who found no justification in disturbing the award of the Collector in the matter of fixing the market value. Hence these appeals by the claimants.

(3.) The acquired land had great potential value for being used for residential purposes, is not being disputed. While making reference to Exhibit P-l, the plan, the Additional District Judge observed that near the acquired land residential buildings hive already come up. Factories and Government offices are also surrounding the acquired land. On one side of the acquired land is the P.W.D. metalled road and on the other Kunjpura Road The acquired land is near the bypass where the Government Industrial Training Institute, Convent School. Office of the Oil and Natural Gas Commission and other factories exist. The acquired land is within the municipal area.