STATE OF HARYANA Vs. MEENA DUA

JUDGEMENT

(1.) These two Regular First Appeals along with 235 Regular First Appeal Appeals arise from a common judgment of the learned Additional District Judge, Faridabad dated 15.12.1997. The learned Additional District Judge vide the impugned judgment answered 174 references which were referred to that Court by the Land Acquisition Collector under Section 18 of the Land Acquisition Act, hereinafter referred to as the Act. The Court had enhanced the compensation payable to the claimants for acquisition of their respective lands to Rs. 360/- per square yard in addition to 30% solatium and other statutory benefits. The State of Haryana preferred 173 appeal assailing the impugned judgment on the ground that excessive compensation had been awarded to the claimants and they pray for restoration of the award of the Collector. On the other hand, claimants are assailing the same judgment and pray for enhancement of compensation.

(2.) In order to examine the merits of the respective contentions raised on behalf of the parties it will be useful to refer to the necessary facts. State of Haryana issued a notification No. LAC(F)NTLA/90/13 dated 11.5.1990, under Section 4 of the Act, intending to acquire 185-74 acres of land falling in the revenue estate of village Ankhir and 13.19 acres falling in the revenue estate of village Fatehpur Chandela. Because of a stay order passed by the High Court in Civil Writ Petitions No. 10152 of 1990, 4093 of 1992 and 2320 of 1994, certain lands were excluded from the acquisition and did not form part of the proceedings for acquisition before the learned Collector. The proceedings and the award related to acquisition of only 141.08 acres as that was the actual area. This land was acquired for a public purpose, namely development and utilisation of the land for residential and commercial purpose of Section 21-D, Faridabad.

(3.) The learned Land Acquisition Collector vide Award No. 2 dated 5.5.1993, upon following due process of law, awarded compensation at the rate of Rs. 3.50 lacs per acre for the land in addition to 30% solatium and other statutory benefits admissible under the Act. The compensation was separately awarded for structures or construction found on the acquired land in addition to awarding such compensation for trees, fruit trees and plants etc. on the acquired land. As the claimants were not satisfied with the amount of compensation awarded to them by the learned Land Acquisition Collector, they requested for referring of their applications to the learned District Judge, Faridabad, in pursuance to the provisions of Section 18 of the Act. 174 references were made by the Land Acquisition Collector.