STATE OF HARYANA Vs. HARI SINGH

JUDGEMENT

(1.) THIS is State's appeal against the judgment dated 8.6.1988 passed by the District Judge, Gurgaon in reference proceedings under Section 18 of the Land Acquisition Act, 1894. Briefly stated the facts as available on record are that a notification under Section 4 of the Land Acquisition Act was issued on 3.2.1981 for acquisition of the land for construction of an approach road from Farrukhnagar to Fazilpur Badli, district Gurgaon. The acquisition was in respect to 15 kanals 19 Marlas. The Collector assessed the compensation at the rate of Rs. 11200/- per acre. The respondents-land owners being dissatisfied with the quantum of compensation sought a reference under Section 18 of the Land Acquisition Act before the District Judge, Gurgaon. As many as eight references were made. These have been disposed of by a common judgment dated 8.6.1988 impugned hereunder. The contention of the State-appellant is that the compensation awarded by the reference court is on the higher side.

(2.) I have perused the judgment impugned. The land acquired comprised in Rectangle No. 47 and is stated to be near the abadi deh of village Fazilpur Badli. The land owners entered the evidence of sale deeds comprising Rectangle No. 47 itself. One sale deed dated 20.11.1980 was in respect of One Kanal of land which was sold for Rs. 7260/- and the rate per acre comes to Rs. 58080/-. Another sale deed is also of the same date but in respect of 10 marlas of land which was sold for Rs. 3500/- and the rate per acre comes to Rs. 56000/-. The State-appellant also produced two sale deeds dated 14.6.1980 and 30.05.1980 in respect of 1/6th share in the undivided land comprising 95 kanals 10 marlas, which was sold for Rs. 20000/- and also 1/6th share in the undivided land comprising 146 kanals 3 marlas which was sold for consideration of Rs. 25000/-. According to this evidence, the rate per acre comes to Rs. 10000/- and Rs. 8000/- respectively. Based upon this evidence, it is contended on behalf of the appellant that the rate of Rs. 57040/- per acre enhanced by the reference court is much on the higher side and not compensatory. The reference court has returned a finding that the sale deeds produced by the land owners relate to the land comprising rectangle No. 47, a part of which is also the subject matter of acquisition, whereas the sale deeds produced by the State relate to different rectangles and are away from the land in question. Apart from that, it has also come on record that the acquired land adjoins the main road and is closed to abadi. There is no rebuttal to this evidence. Since the land acquired and the land represented by sale deeds produced by the land owners is on the same rectangle i.e., near the vicinity of the land acquired, the rate determined by the sale deeds produced by the respondent-land owners is definitely a relevant factor. To the contrary, there is no evidence on record to show that the sale deeds produced by the appellant State is near the vicinity or at what distance.