SURAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) State of Haryana with an intention to achieve the public purpose for developing and utilising the land for development of Industrial Area in Sector 32 under the Haryana Urban Development Authority Act, 1977, acquired 294.04 acres of land in the revenue estate of village Jharsa, Tehsil and District Gurgaon. The notification in this regard was issued under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, on 27.8.1987 and Section 6 notification in furtherance thereto was published on 25.8.1988. Upon actual measurements physical possession of the land measuring 281.54 acres was taken. The Land Acquisition Collector vide his award dated 16.3.1989 divided the land acquired into three categories and awarded the compensation as under : <TAB> Chahi Rs. 1,00,000/- per acre Magda and Narmoth Rs. 80,000/- per acre Banjar and Gair Mumkin Rs. 65,000/- per acre</TAB>

(2.) Still being dis-satisfied from the amount awarded by the learned District Judge, the claimants prayed for further enhancement by filing various Regular First Appeals. On the other hand, the State was totally discontented and approached this Court by filing other Regular First Appeals with a prayer to reduce the amount of compensation awarded to the claimants. In all nearly 326 Regular First Appeals relating to the same notification dated 27.8.1987 and the revenue estate of village Jharsa have been filed both by the State as well as by the claimants. The varied extent of compensation awarded to the claimants for the lands located in the revenue estate of the same village vide same notification has given rise to serious contentions on behalf of the claimants as well as on behalf of the State. For example in the case of State of Haryana v. Phool Wati the learned judge vide his judgment dated 14.1.1995 awarded the amount of Rs. 9,15,000/- per acre while in the case of State of Haryana v. Standard Rubbers an amount of Rs. 300/- per square yard was awarded while in the case of Rajinder Prasad v. State of Haryana compensation of Rs. 272/- per square yard was awarded.

(3.) In fact all these appeals were heard together along with RFA No. 556 of 1994 Kabul Singh v. State of Haryana. Elaborate arguments were addressed by the different counsels appearing for the claimants as well as by the learned Advocate General, appearing for the State of Haryana. On behalf of the State it is contended that there, was no admissible evidence before the Court to enhance, the compensation to the above amounts and the discretion exercised by the Court is contrary to the settled principles of law. As such the award of the Collector should be restored while the judgment of the learned District Judge should beset aside. On the other hand the claimants contended that keeping in view the location and potentiality of the land acquired and there being definite evidence of judicial decisions on record, they are entitled to further enhancement of the compensation by this Court. They claimed a sum of Rs. 300/- per square yard i.e. Rs. 14,52.000/-per acre.