JAGDISH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The learned Additional District Judge, Jagadhri vide the judgment and award dated 5.12.1997 answered 89 land acquisition references under Section 18 of the Land Acquisition Act (hereinafter referred to as 'the Act'). This judgment has been impugned before this court by the State as well as by the claimants. The learned Judge recorded the main judgment in Smt. Kishan Devi v. State of Haryana, LAC No. 158 of 1996 and followed it in the cases including the case of Johar Singh and Punnu Ram. The State amongst others has preferred appeals in the cases of Punnu Ram (RFA No. 4515 of 1998) and Smt. Bala Devi (RFA No. 4520 of 1998). In all, the State has preferred 89 regular first appeals, while other appeals have been preferred by the claimants for enhancement of the compensation awarded to them under the impugned judgment. As all these cases have arisen from a common judgment, common questions of facts and law arise for consideration. Therefore, it will be appropriate to dispose of all these regular first appeals by a common judgment For the purposes of discussion, the judgment would primarily be recorded in RFA No. 3306 of 1998 titled as Jagdish Ram v. The State of Haryana, RFA No. 3307 of 1998 titled as Jagdish Singh and Anr. v. The State of Haryana, RFA No. 3308 of 1998 titled as Khehar Singh and Anr. v. The State of Haryana, RFA No. 3309 of 1998 titled as Jagdish and Anr. v. The State of Haryana, RFA No. 3310 of 1998 titled as Khehar Singh and Anr. v. The State of Haryana, RFA No. 3311 of 1998 titled as Smt. Murti Devi and Anr. v. The State of Haryana, RFA No. 3312 of 1998 titled as Sherjang v. The State of Haryana, RFA No. 3313 of 1998 titled as Prem Chand and Ors. v. The State of Haryana, RFA No. 3314 of 1998 titled as Smt. Prabhi Devi and Ors. v. The State of Haryana, RFA No. 3315 of 1998 titled as Prem Chand and Ors. v. The State of Haryana, RFA No. 3316 of 1998 titled as Urmila Devi and Anr. v. The State of Haryana, RFA No. 3317 of 1998 titled as Basso Devi and Anr. v. The State of Haryana, RFA No. 3318 of 1998 titled as Amir Chand and Anr. v. The State of Haryana, RFA No. 3319 of 1998 titled as Sher Jang v. The State of Haryana, RFA No. 3320 of 1998 titled as Urmila Devi and Anr. v. The State of Haryana, RFA No. 4515 of 1998 titled as The State of Haryana v. Punnu Ram, RFA No. 4520 of 1998 titled as The State of Haryana v. Smt. Bala Devi, RFA No. 4575 of 1998 titled as The State of Haryana v. Gian Chand and Ors.

(2.) It would be appropriate to refer to the basic facts giving rise to these appeals. The State Government of Haryana issued a notification under Section 4 of the Act dated 31.7.1980 intending to acquire 208 kanals and 19 marlas of land from the revenue estate of village Khizrabad for setting up of a Project for conservation of soil. This was followed by a notification under Section 6 of the Act dated 2.12.1982. Having taken possession of the land and upon hearing the parties, the Land Acquisition Collector, Jagadhri, awarded different amount of compensation depending upon nature of land to the owners vide award dated 10.2.1984. The amount of compensation awarded is as under:- Nature of Land Amount of Compensation (Per acre) Chahi Rs. 6,030/- Barani Rs. 4,020/- Banjar Rs. 2,010/- Gair Mumkin Rs. 1,005/-

(3.) The claimants felt dis-satisfied with the amount of compensation awarded and preferred references under Section 18 of the Act before the Court of learned Additional District Judge, Jagadhri. The learned Additional District Judge vide impugned judgment dated 5.12.1997 enhanced the compensation to Rs. 9,000/- per acre. The compensation awarded as uniform irrespective of the nature of the land acquired.