BHARPAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In view of the judgment of the Hon'ble Letters Patent Bench of this Court in the case of Jogi Ram and Ors. v. State of Haryana and Anr., L.P.A. No. 302 of 1996, pronounced on 29.11.1996, all the Regular First Appeals preferred by the State have been dismissed. It has already been held by the Letters Patent Bench that the claimants would be entitled to Rs. 80/- per square yard for the acquisition of their land. It is admitted before me that the judgment of the Letters Patent Appeal, referred to above, is squarely covered this case and arises out of the same notification and village.

(2.) Consequently, the claimants herein shall also be entitled to Rs. 80/- per square yard for the acquisition of their land.

(3.) Despite the above relief being granted to the claimants, learned counsel for the claimants contends that the learned Additional District Judge has erred in law in granting compensation of 6% per annum from the date of notification under Section 4 till the publication of the award. He contends that on the correct interpretation of Section 48 read with section 23(1-A) of the Land Acquisition Act (hereinafter referred to as the Act), the appellant should be entitled to get 12% compensation instead of 6%. This contention is countered by the learned Advocate General, Haryana on the ground that Letters Patent Bench has not granted such relief to the claimants, as such, the present claimants would not be entitled to the relief being claimed.