KHUSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This common judgment will dispose of nine appeals for enhancement of compensation for acquisition of land situated in Village Mulahera, District Gurgaon, by notification dated 13.11.1981 under Section 4 of the Land Acquisition Act. By the very same notification, land was acquired in three villages, namely (i) Mulahera, (ii) Dundahera and (iii) Daulatpur/Nasirabad also known as Carter puri. The Collector, District Judge and the learned Single Judge awarded different rate of compensation for the acquisition of land in village Mulahera and that acquired in the other two villages. In Letters Patent Appeals, arising out of judgments of learned single judges, in respect of each of the three villages, different Division Benches had enhanced compensation and fixed the same at the rate of Rs. 54.60/- per square yard in respect of land situated in all the three villages. So far as village Mulahera is concerned, following the judgment in the case of Carter puri in LPA No. 114 of 1992 dated 31.1.1992, order was made on 11.3.1992 in LPA No. 308 of 1992 and LPA No. 309 of 1992. The judgment in the case of Carter puri, however, was challenged in the Supreme Court. It was modified and compensation was reduced to Rs. 52.50 paise per square yard.

(2.) Since compensation for acquisition of land in Mulahera in PLA Nos. 308 of 1992 and 309 of 1992 was awarded at par with that for Carter puri, the appellants now before us also would be entitled to compensation at the rate fixed by the Supreme Court for the land situated in Village Carter puri.

(3.) Accordingly, impugned judgment of the learned Single Judge is modified and compensation is awarded to the appellant at the rate of Rs. 52.50 paise per square yard for acquisition of his land situated in village Mulahera. Appellant is also entitled to enhancement in statutory benefits i.e. interest, selatum etc. and proportionate costs.