STATE OF HARYANA Vs. RAM CHANDER

JUDGEMENT

(1.) State of Haryana on 27.8.1987 published a notification under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, intending to acquire 305.7 acres of land in the revenue estate of village Sukhrali and another area of 133.18 acres from the revenue estate of village Salokhra. In furtherance thereto notification under Section 6 was published on 22.8.1988 for the entire land measuring about 438 acres. The learned Land Acquisition Collector pronounced award No. 12 of 1988-89 dated 20.3.1989 awarding the following amounts of compensation to the claimants for acquisition of their respective lands:- <TAB> Village Sukhrali Rate per acre a) Land upto 1 acre from the main road Rs. 2,50,000/- i.e. Delhi-Mehrauli-Gurgaon-Jaipur Road b) Land behind that land Rs. 2,00,000/- Village Salokhra Uniform rate of compensation Rs. 1,25,000/- </TAB>

(2.) Dis-satisfied from the amount of compensation awarded by the learned Land Acquisition Collector to the claimants, the claimants preferred. references under Section 18 of the Act, Out of Award No. 12, number of references arose which were disposed of by the learned District Judge, in different batches. First award was pronounced by the learned District Judge on 16,3.1995 in the case of Ram Chander v. State of Haryana awarding a compensation of Rs. 90/- per square yard or nearly Rs. 4,35,000/- per acre. In Ram Chander's case only one reference was disposed of. Second judgment/award was pronounced by the learned District Judge on 29.4.1995 in the case of Shiv Chand v. State of Haryana. Vide this judgment the learned District Judge disposed of as many as 68 references. The case of Ram Chander has given rise to filing of two regular first appeals being R.F.A. No. 37 of 1996 titled State of Haryana and Anr. v. Ram Chander, and Ors. and R.F.A. No. 1189 of 1995 Ram Chander and Ors. v. State of Haryana and another. While from the judgment dated 29.4.1995 Shiv Chand being the lead case 136 Regular First Appeals have been filed before this Court. 68 appeals have been preferred by the claimants while equal number of appeals have been preferred by the State as well. The judgment of Ram Chand was on record and has been discussed by the learned District Judge while pronouncing the judgment in the case of Shiv Chand. Further more, they arise from a common notification. It will, therefore, be appropriate to dispose of all these 138 regular first appeals by a common judgment, the lead case being Ram Chander and Ors. v. State of Haryana and another and Shiv Chand v. State of Haryana and State of Haryana v. Shiv Chand.

(3.) The learned Advocate General at the very out set conceded that he has been instructed not to assail the judgment of the learned Additional District Judge dated 16.3.1995 awarding a compensation of Rs. 90/- per square yard i.e. Rs. 4,35,000/- per acre in the appeal preferred by the State and the State is willing to accept the awarded amount to be just and fair compensation awarded to the claimants. Consequently, regular first appeal No. 37 of 1996 State of Haryana and another v. Ram Chander and others against the judgment of the learned District Judge dated 16.3.1995 is dismissed as not pressed. However, the appeal preferred by Ram Chander and others against the same judgment for enhancement of the amount remains for consideration.