STATE OF HARYANA Vs. HARIKIRPAL

JUDGEMENT

(1.) N .C. Jain, J This appeal has been filed by the State of Haryana against the award given by the Additional District Judge, Karnal dated April 30, 1981.

(2.) THE facts of the present case lie in a narrow compass and may thus be noticed; Land measuring 65 Kanals 13 Marlas situated in village Mehrana (Karnal), 7 Kanals 9 Marlas situated in village Siwah and 25 Kanals 10 Marlas situated in village Hartari has been acquired by the State of Haryana for the construction of Storm Water Drain to the Fertilizer Project, Panipat, by issuance of notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred 'the Act') dated 28.6.1978. The Land Acquisition Collector assessed the market value of the Nehri Chahi land in village Hartari at the rate of Rs. 10,000/- per acre whereas for the land in villages Siwah and Mehrana the valuation has been done at Rs. 12,000/- per acre. As regards compensation for barani, banjar and ghair mumkin lands, the same has been assessed at Rs. 6,000/-, Rs. 3,000/- and Rs. 2,000/- per acre respectively in all these three villages. On reference under Section 18 of the Act, Additional District Judge has determined the market value of the acquired land in all the three villages at Rs. 15,400/- per acre.

(3.) AS regards determination of market value is concerned, reference has been made to sale deed Exhibit A.2 pertaining to the sale of 15 Kanal 4 Marlas of land situated in village Hartari which was sold on 12.5.1979 for Rs. 23,000/- bringing out the sale price at Rs. 12,105/- per acre. Reference to Exhibit A.3 another sale deed pertaining to sale of land measuring 11 Kanal 8 Marlas situated in village Siwah was also made which was executed and registered on 29.6.1977 for a sum of Rs. 22,000/- and the value per acre comes to Rs. 15,400/- which has been found to be sold after taking into consideration recitals in the sale deed regarding payment of earnest money. In the ultimate conclusion, the Additional District Judge relied upon sale deed Exhibit A.3. The land sold by virtue of Exhibit A.3 is situate at a distance of four killas from the acquired land and the sale deed had been executed on 20.6.1977 and was prior to notification in question. The Additional District Judge was conscious of the fact that the land of this sale deed was situated in village Siwah, but since the two other villages are situated adjacent and the entire land is in one block and in one strip, no wrong has been committed by the learned Additional District Judge in relying upon sale deed Exhibit A.3. After discussing the entire evidence, finding has been recorded by the learned Additional District Judge by following sale deed Exhibit A.3 that the market value of the acquired land is Rs. 15,400/- per acre. After perusing the findings recorded by the learned Additional District Judge, this court has come to the conclusion that the findings are based upon the evidence on the record of the case. No infirmity could be pointed out by the counsel for the State compelling me to take a different view in the matter.