SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of RFAs 1089 and 1090 of 1988 filed by the claimants-land owners and RFAs 1091 and 1092 of 1988 filed by the State of Haryana against the award passed by the Additional District Judge, Narnaul, dated 19.3.1988.

(2.) VIDE notification dated 2.5.1979, land measuring 11.88 acres was acquired for a public purpose, namely, for construction of Dochana Distributory by the Irrigation Department. The notification under Section 6 of the Land Acquisition Act (for short the Act) was published on 1.8.1979. The Land Acquisition Collector, PWD (I.B.) Rohtak gave his award No. 81 dated 28.8.1980 assessing the market price of Chahi land at Rs. 11,000/- per acre, Rs. 8000/- per acre for Barani land and Rs. 6000/- per acre for Bhud land. Dissatisfied with the amount of compensation, the land owners sought references in terms of Section 18 of the Act. Such references have been decided by the learned Additional District Judge, Narnaul, vide impugned award.

(3.) THE learned counsel for the appellants has challenged the award of the learned Additional District Judge, Narnaul, inter alia on the ground that the compensation assessed for the acquisition of land is meagre. The appellants are entitled to compensation on the basis of the sale instances Exhibits P-9 without deduction. Rs. 5000/- has been wrongly deducted out of the sale consideration by the learned Additional District Judge. Still further, it has been alleged that the land acquired has been classified as Rosli erroneously. Learned counsel for the appellants has further argued that possession of the land was taken on 20.1.1979 and, therefore, the appellants are entitled to compensation of deprivation of their crops.