STATE OF HARYANA Vs. JAI DEVI

JUDGEMENT

(1.) BY this order I propose to decide R.F.A. 1504 of 1981 as also Cross Objections filed in the same every Regular First Appeal bearing No. 50/C-1 of 1982.

(2.) BRIEF facts giving rise to filing of Regular First Appeal reveal that the land belonging to the claimant-respondents was notified under section 4 of the Land Acquisition Act on 24.10.1978. In due course of time follow up declaration under section 6 of the Act also came to be issued. The Land Acquisition Collector vide Award dated 29.7.1980 assessed the market value of the land at the rate of Rs. 12,000/- per acre. Aggrieved, respondent filed reference under section 18 of the Land Acquisition Act and the learned Additional District Judge, Hisar vide Award dated 28.7.1981 enhanced compensation by fixing the market value of the land of Rs. 22,000/- per acre. Whereas the State has filed an appeal for setting aside the order passed by the Additional District Judge so as to maintain the market value as assessed by the Land Acquisition Collector the claimant-respondents have filed cross- objections for further enhancement of the compensation.

(3.) LEARNED counsel representing the appellant vehemently contends that there should have been an increase of atleast 12 per cent per annum from the market value assessed vide Ex.PD as is envisaged under Section 23(1)(i) of hte Act. Even though this 12 per cent increase per year is payable from the date of notification till the date of award, that increase as envisaged under Section 23(a)(i) has been judicially recognised as payable while working out the increase in the land price from an earlier award of comparable land to the acquisition of land covered under the notification in hand. For his aforestated contention learned counsel relies upon a judgment of this Court in Inder Singh v. The State of Punjab, 1988(2) PLR 120. Worked on the guidelines as refered to above, the market value should be determined at Rs. 28,000/- per acre, further contends the learned counsel.