JAGAT SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) IN this appeal which is directed against the order dated October 4, 1988, the claimant-appellants, are seeking enhancement in the market value of their land which had been acquired.

(2.) LAND measuring about 300 acres including the land in question was proposed to be acquired by the State of Haryana for a public purpose, namely, for development and utilisation of land as residential, commercial and industrial area in the Urban Estate, Hisar (site No. 2 ). The State Government issued notification dated January 30, 1973, under Section 4 of the Land Acquisition Act (for short 'the Act') in that behalf. Six notification under Section 6 of the Act were issued from time to time on he strength of notification dated January 30, 1973 issued under Section 4 of the Act. Though the land of the appellants had been included in the notification under Section 4 but it was nor notified in any of the six notifications issued under Section 6 of the Act. The State Government issued still another notification dated February 9, 1976, under Section 6 of the Act on the strength of notification under Section 4 dated January 30, 1973 acquiring the land of the appellants. Notification dated February 9, 1976 was challenged in Civil Writ Petition 3680 of 1978 (Jagat Singh and Ors. v. State of Haryana ). The claim in the writ petition was conceded by the Advocate General, Haryana on October 26, 1978 and consequently the writ petition was allowed by a Division Bench of this Court.

(3.) FACED with the above situation, the State of Haryana issued notification dated December 22, 1978 under Section 4 of the Act again proposing to acquire the land of the appellants which was the subject matter of the aforesaid writ petition. This notification was followed by notification dated June 2, 1980 under Section 6 of the Act. As a consequence of the above notification, land owned by the appellants stood vested in the State Government free from all encumbrances. Learned Collector by his award dated November 14, 1980 determined the market value of the land at the rate of Rs. 12. 40 per square yard. On reference under Section 18 of the Act, learned Additional District Judge by his award dated October 4, 1985 assessed the market value of the acquired land at the rate of Rs. 19. 56 sq. yard. The claimants filed the present appeal seeking still higher market value for their land and they claimed market value of the acquired land at the rate of Rs. 110/- per sq. yard and paid court fee at the first instance at the rate of Rs. 80/- per sq. yard. On a later date, the appellants moved Civil Misc. 2963/c. I. of 1993 seeking permission to make good the deficiency. The Civil Misc. was ordered to be heard with the appeal. On a consideration of the matter, the same is allowed. Thus the court fee on the value of the land at the rate of Rs. 100/- per sq. yard stands paid. The land owned by the appellants and notified for acquisition comprised in khasra No. 5694/1 and 5698/2 situated within the municipal limits of Hisar.