STATE OF HARYANA Vs. RAJINDER KUMAR

JUDGEMENT

(1.) State of Haryana with the purpose of constructing railway over-bridge connecting Delhi-Hisar-Sirsa roads in the Municipal limits of City Hissar acquired 4635 square yards of land and constructed area vide notification dated 11.7.1991 and thereupon issued a corrigendum to this notification dated 30.7.1991 under the provisions of the Land Acquisition Act, hereinafter referred to as the Act. In furtherance to the notification under Section 4 the Government issued notification under Section 6 of the Act on 28.10.1992. When the work of the over-bridge was in progress it was realised that the Government would need some more area for completion of this project. Resultantly, another notification under Section 4 of the Act was issued on 4.2.1993 published on 16.2.1993 intending to acquire another 942 square yards of land at the same points. Notification under Section 6 of the Act was issued on 5.10.1993. Thus, as on 5.10.1993 the total land acquired by the State Government for completion of the single project was 5577 square yards.

(2.) The acquired land consisted; of vacant as well as the land on which super-structures, had, been raised. In fact, the area acquired was abutting the main highway on Delhi-Hissar-road i.e. N.H. No. 10. The Land Acquisition Collector passed two different awards in relation to the entire acquired land, While award No. 3-H dated 28.10.1992 dealt with the notification of 11.7.1991 and -awarding a sum of Rs. 248/- per square yard besides allowing claims in relation to super-structures relating to each individual case, vide award dated 6.7.1994, the land Acquisition Collector awarded the same amount in addition to claim for super-structures in relation to the notification dated 4.2.1993.

(3.) The claimants totally dissatisfied with the amount of compensation awarded in respect of their lands and super-structures, submitted applications- for references under Section 18 of the Act. The learned land Acquisition Collector made 27 references in relation to the notification dated 11.7.1991 while 5 references were made in relation to the subsequent notification, dated 4.2.1993, The learned District Judge enhanced the amount of compensation vide his judgment dated 4.3.1998 to Rs. 2,140/-, per square yard in relation to the earlier notification of 1991. Further, the learned District judge, awarded a sum of Rs. 2,320/- per square yard vide his award dated 13.9.1997 in relation to the subsequent notification of 1993. Vide these two awards all the 32 references were, answered by the learned District judge. The learned District Judge awarded different amounts to, the respective claimants on account of compensation payable in relation of super-structures etc: However, in relation to the award dated 4.3.1998 to all the 27 claimants, the learned District Judge also awarded 50% of the awarded amount on account of compensation payable for severance under section 23(1 )(4) of the Act.