BALDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) For the development and utilisation of land as residential and commercial area in the Urban estate of Ambala, the State Government of Haryana, issued a notification under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, dated 26.5.1981 intending to acquire a large chunk of land. In furtherance thereto notification under Section 6 of the Act was issued on 10.1.1983 and subsequently on 10.1.1989. The total land sought to be acquired vide this notification was nearly 250.51 acre of land in the revenue estates of the three villages i.e. Patti Mehar, Jandli and Sound of District Ambala. This acquisition of land led to passing of three different awards i.e. Awards No. 4, 11 and 12 respectively. Different amount of compensation was awarded by the Land Acquisition Collector in different awards. Vide Award No. 4 dated 27.6.1984 the Collector awarded a uniform amount of compensation for all kinds of lands at the rate of Rs. 52,000/- per acre. This, however, was in addition to the amount of compensation payable on account of tube-wells, superstructure and trees, if at all, involved in respective cases.

(2.) The claimants being dissatisfied with the amount of compensation awarded filed objections and reference was made by the Collector under Section 18 of the Act, to the learned District Judge, Ambala. All these references were disposed of by the four different judgments by the learned District Judge and Additional District Judges, Ambala by passing different judgments. In the first judgment dated 17.3.1987 the learned Additional District Judge enhanced the amount of compensation from Rs. 52,000/- to Rs. 57,000/- per acre in regard to the references covered by that judgment. Identical compensation was awarded by the learned Additional District Judge vide his judgment dated 9.10.1991. However, vide judgment dated 6.5.1992 the learned District Judge, Ambala, awarded compensation at the rate of Rs. 3,38,800/- per acre in the references covered by that judgment. These three judgments passed by the learned District Judge and learned Additional District Judges, Ambala have given rise to several Regular First Appeals which have been preferred by the claimants and/or by the State Government of Haryana.

(3.) In this judgment I propose to deal with the Regular First Appeals arising from the judgment of the learned Additional District Judge, Ambala dated 9.10.1991 vide which he awarded Rs. 57,000/- per acre as uniform compensation payable to the claimants in all the references covered by the judgment. Vide this judgment the learned Additional District Judge dealt with and disposed of 114 references made to him by the Collector under Section 18 of the Act. These 114 references disposed of by the said common judgment have given rise to 103 Regular First Appeals preferred by the claimants only as the State accepted the judgment dated 9.10.1991 and has also filled no cross objections in any of the first appeals preferred by the claimants. The lead judgment in this bunch of cases is Baldev Singh v. State of Haryana, R.F.A. No. 965 of 1992, arising out of L.A.C. No. 13/4 of 1987/1988. The evidence was led in this case before the learned Additional District Judge, Ambala. Consequently, while dealing with all the Regular First Appeals cumulatively I would be concentrating on the consultation and evidence of Baldev Singh's case.