SANTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide judgment and award dated 23.8.1991 the learned Additional District Judge, Ambala answered 105 references under Section 18 of the Land Acquisition Act, hereinafter referred to as the Act, arising from the same award and notification under Section 4 of the Act. Vide this judgment the learned Additional District Judge enhanced the compensation to the tune of Rs. 17/- per square yard i.e. Rs. 65,280/- per acre. According to the State the amount awarded by the learned Additional District Judge was highly excessive and not based on any cogent evidence, as such it filed 105 appeals challenging the same award and judgment and prayed for restoration of the award given by the Collector. On the other hand, claimants preferred 100 appeals against the same judgment praying for enhancement of the amount of compensation awarded to them by the learned Additional District Judge as the same was inadequate keeping in view the market price of the land at the time of acquisition. Thus, there are 205 appeals which would stand disposed of by this judgment.

(2.) The fact giving rise to the appeals are that State Government of Haryana issued a notification under Section 4 of the Act on 28.5.1985 intending to acquire nearly 682 Bighas 17 Biswas in three different villages, the details of which are as under:- <TAB> Village Area Islam Nagar 23 Bighas 4 Biswas Damdama 186 Bighas 6 Biswas Bhogpur 473 Bighas 7 Biswas </TAB>

(3.) In furtherance there to notification under Section 6 of the Act was published on 6.6.1985. The Land Acquisition Collector, Ambala vide his award dated 27.1.1986 after following the due process of law determined the market value and compensation payable to the claimants for acquisition of their respective lands as under:-