CHANDER BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment of mine will dispose of R. F. A. Nos. 1251 and 1924 of 1986. The former has been filed by the claimant seeking enhancement of compensation whereas the latter has been filed by the State of Haryana praying for reduction in the amount of compensation. The facts lies in a narrow compass and are as follows :

(2.) LAND measuring 122 acres 7 Kanals and 10 marlas out of which 110 Kanals and 11 marl as owned by the claimant in R. F. A. No. 1251 of 1986 was acquired by the State of Haryana as per notification dated 25. 3 1983 issued under Section 4 of the Land Acquisition Act (for short 'the Act') for the construction of Co-operative Sugar Mills at Jind. The land is situated in village Jhanj Khurd and Atirika District Jind. The Land Acquisition Collector granted compensation at the rate of Rs. 30,000/- per acre for all types of land other than land under the brick kiln. The land under the brick- kiln was evaluated at Rupees 21,000/ -. per acre. The land-owners sought reference under Section 18 of the Act. The Additional District Judge by his Award, under challenge before me, has assessed the market value of the acquired land of all types of land at the rate of Rs. 3600/- per acre wheras the valuation of the land under brick kiln has been upheld.

(3.) IT has remained undisputed before me at the time of hearing of the appeal that D. V. Sehgal, J (as he then was) in R. F. A. No. 964 of 1985 - Rati Ram v. State of Haryana, R. F. A. No. 964 of 985. decided on 19. 3. 1987 dealt with the same notification which is involved in the present cases. In Rati Ram's case (supra) D. V. Sehgal, J. has assessed the compensation of Nehri land at the rate of Rupees 10/- per square Yard whereas Barani land was evaluated at Rupees 9/ per square yard. In the cases before me some of the land is canal fed whereas the rest of the land was under brick-kiln. For the well irrigated land, I hereby determine the market value at the rate of Rupees 10/per square yard, As regards the land under brick kiln, the first question which arises is as to how much land was under brick kiln. It has been noticed by the learned Additional District Judge that the land under brick kiln was 55 kanals 2 Marias whereas it has come in the statement of PW. 1 Chander Bhan that the land which was given on lease for the brick kiln was 5 acres. The executing court would verify the factual position as to how much land was under brick-kiln so that compensation for well irrigated land can be given.