JOGINDER SINGH SAINI Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
JOGINDER SINGH SAINI
STATE OF HARYANA
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Ray, J. -
(1.)These appeals on special leave are directed against the judgment and order dated May 27,1981 passed in R. F.A. Nos. 688 to 692 of 1979 and 1112 of 1979 by the High Court of Punjab and Haryana at Chandigarh. The short question raised in these appeals is whether the appellants are entitled to any compensation for nursery plants existing on the land at the time of acquisition as well as the time of Notification published under Section 4 of the Land Acquisition Act, 1894. Secondly whether the valuation made in respect of the mother plants is low and the same needs to be increased in accordance with the report of the Horticulture Expert.
(2.)The facts of these appeals in short are as follows:- A Notification under Section 4 of the Land Acquisition Act, 1984 was published on March 24, 1971 for acquisition of the lands in question in village Faridabad, Hadoest No. 123, Tetsil Ballabgarh District Gurgoan for a public purpose vIz. for planned development of residential sector No. 19 by the Haryana Government. Thereafter, a declaration under Section 6 of the said Act was published vide Notification No. LAC-71 / GTLA/ 3768 dated Jan. 18, 1972 in Haryana Government Extraordinary Gazette The Government declared that the Government was satisfied that the said land was needed at public expenses for a public purpose namely for the planned development in the area of this village Faridabad. Thereafter a notice under Sections 9 and 10 was issued calling upon the owners and other interested persons to file their claims in respect of the interest in the land and also other particulars as regards their claims for compensation for such interest. The owners of the land and other interested persons filed their claims demanding compensation for the land @ Rs. 35/- per sq. yd. and also claimed compensation for the nursery plants and potted plants in the lands acquired. The Land Acquisition Collector awarded compensation in respect of the land acquired @ Rs. 900/ - per biswa. The Land Acquisition Collector held that the mother plants and trees Were irremoveable and as such he assesseed the value thereof at Rs. 2,11,575/-. He also awarded the shifting charges for the shifting of potted plants amounting to Rs. 1,773.20 paise together with compulsory charges @ 15% of the amount awarded. This award was made by the Land Acquisition Collector on February 22, 1978. The possession of the acquired land was taken ,by the Government. The Land Acquisition Collector also granted six months' time or any such further period as extended by the Government to enable the appellants to remove the nursery plants as well as the potted plants from the acquired land. The Collector further stated in the award that the nursery plants can be removed from the land and the same be sold by the owners to the customers. So no compensation was awarded in respect of these plants as well as in respect of the potted plants.
(3.)The appellants filed five claim petitions being petitions Nos. 191/85 to 195/85 of 1973/78 in the Court of the Additional District Judge, Gurgaon. The 2nd Additional District Judge, Gurgaon after hearing the parties and also considering the evidences enhanced the rate of compensation of the acquired land @ Rs. 10 per sq. yd. It has also been held that the appellants will be entitled to double the compensation for trees and plants is given by the Land Acquisition Collector. He also ordered that the appellants shall be entitled to solatium at the rate of 15% on the enhanced amount of compensation on these two items. In all other respects the impugned order made by the Land Acquisition Collector was upheld. He further ordered that the appellants will be entitled to recover interest @ 6% from the date ' of compensation to the date of realization of the enhanced amount to be paid to them and the appellants shall also be entitled to recover the proportionate costs of the petitions from the Government.
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