BHAGWAT SARUP Vs. HARYANA STATE

JUDGEMENT

(1.) THE claimant-appellants have filed three appeals under Section 54 of the Land Acquisition Act, 1894 (for brevity, 'the Act') registered as R.F.A. Nos. 331 to 333 of 1987. The State has also filed three appeals registered as R.F.A. Nos. 962 to 964 of 1987. In both set of appeals challenge is to the judgment dated 20.11.1986 passed by the Additional District Judge, Hisar enhancing the compensation to Rs. 27,750/- per acre of the acquired land under Section 18 of the Act as against the award of the Collector, Hisar awarding Rs. 18,000/- per acre for Banjar Kadim and Rs. 19,800/- per acre for Nehri land.

(2.) FACTS in brief may first be noticed. State of Haryana issued a notification under Section 4 read with Section 17 of the Act on 15.9.1976 expressing the intention to acquire the land for a public purpose although possession had already been obtained on 10.6.1976 because of urgency as postulated in Section 17 of the Act.

(3.) ON the basis of Ex.P.7 read with oral statement the learned Additional District Judge has awarded compensation at the rate of Rs. 27,750/- per acre by treating the entire land as agricultural. It comes to Rs. 5.73 per square yard. He has discarded the sale instances Exs.P8 to P10, P12 and P13 on the ground that the land which was subject-matter of sale deeds Exs.P8 to P10, P12 and P13 was situated near the Bus Stand which was a very busy locality. It was further held that there was no comparison between those sale deeds and the acquired land as it was situated on the other side of the canal. The learned Judge concluded that the acquired land lacked the potential of developing into an urban locality because of its location. Views of the learned Additional District Judge with regard to the market value of the land and the potential of developing the land into urban locality reads as under :-