BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE claimant in petition under section 18 of the Land Acquisition Act being aggrieved of the Award dated 30.5.1981 rendered by the Additional District Judge, Rohtak vide which his reference was dismissed has come up in this appeal. Obviously, the only question is with regard to assessment of market value of the land on the date when notification under section 4 was issued.

(2.) BRIEF facts of the case reveal that notification under sections 4 and 6 were issued simultaneously on 15.8.1978 and the Land Acquisition Collector vide his Award dated 30.5.1981 assessed compensation at the rate of Rs. 8,000/- per acre for Nehri, Rs. 6,000/- for Barani, Rs. 3,000/- for Banjar Kadeem, Gair mumkin abadi and rasta. As mentioned above, on a petition preferred by appellant under section 18 of the Land Acquisition Act, no further enhancement has been made. The learned Additional District Judge, Rohtak dealt issue No. 1 with regard to assessment of market value of the acquired land in para No. 6 of the award which reads as follows :-

(3.) I have heard the learned counsel for the appellant and gone through the records of the case. I do not find any merit in the only contention raised by the Counsel noted above. It would be seen from the evidence that was led by the appellant-claimant that whereas petitioner Balwant Singh stated that the acquired land fell within the abadi of village Dhamar, witness examined on his behalf Hukam Singh PW-3 stated that the same adjoins the abadi deh of the village. No positive evidence was led in this case to prove that the land subject matter of acquisition was situated within the Abadi. No site plan depicting the land of the petitioner was also placed on the record from where it could be made out that the land was within Abadi. There is no merit in this appeal and the same is dismissed leaving the parties to bear their own costs. Appeal dismissed.