SURESTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE two different awards dated 29.4.1992 in RFA No. 2418 of 1992 and dated 29.7.1992 in RFA No. 3801 of 1992, the claimants who had preferred reference under Section 18 of the Land Acquisition Act, 1894, hereinafter referred to as the Act, before the Land Acquisition Collector, felt aggrieved from the judgment and award of the learned Additional District Judge, Bhiwani. Resultantly, all the four claimants whose references were answered by the judgment and award dated 29.4.1992 have preferred four regular first appeals before this Court praying for further enhancement and RFA No. 2418 of 1992 (Smt. Suresti and others v. The State of Haryana) being the lead case, while, out of the 25 references answered by the learned Additional District Judge, Bhiwani vide his award dated 29.7.1992, 24 claimants have preferred regular first appeals for further enhhencement of the compensation, the lead case being RFA No. 3801 of 1992 (Gian Singh v. State of Haryana). In this manner, vide this judgment, I propose to dispose of 28 regular first appeals arising from these two awards.

(2.) IT must be noticed at the very outset that the State has not filed any appeals against these two awards and in any case none is listed before this Court. The State has also not filed any cross-objections in the afore-noticed 28 appeals. It appears that the State has accepted the awards passed by the learned Additional District Judge, Bhiwani.

(3.) THOUGH the judgment in this case is subsequent to the judgment in Suresti's case (RFA No. 2418 of 1992), still it will be appropriate to discuss the evidence of this case first. In this case, the claimants had examined 10 witnesses including the claimants Pala Ram as PW1 as well as PW-7 who proved the site plan Ex.P.1. The witnesses have also stated with regard to sale deeds, location and price of the land in their respective statements. Ex.P-1, Ex.P.2, and Ex.P.5 to Ex.P-8 are the sale deeds produced on record. Ex.P.3 is the judgment in relation to the land acquired in village Bhiwani Lohar vide notification dated 1.8.1986 wherein Rs. 35/- per square yard was awarded as compensation payable to the claimants by the learned Additional District Judge, Bhiwani vide judgment dated 12.8.1980. The valuation reports Ex.PW-10/A and Ex.PW-10/B were also produced on record.