- (1.) This order will dispose of R. F. As Nos. 1728, 1729 and 1732 of 1979 as they arise out of the same acquisition proceedings and common award given by Additional district Judge, Gurgaon.
(2.) The State of Haryana by notification dated 9th December, 1971 acquired 21 Bighas and 15 Biswas of land in the notified are of village Hassanpur, Tahsil Palwal, District Gurgaon, for establishing growers rest house and staff quarters. The aforesaid notification was followed by a notification under Section 6 of the Land Acquisition Act, 1894(herein after called the Act.). By corrigendum notification dated 23rd August, 1973, issued under Section 4 and 6 of the Act, the purpose of the acquisition was extended for office and market besides the originally published purposes. The claimants filed a claim in regard to land at the rate of Rs. 40/- per square yard and for Hina plantation at the rate of Rupees 2,000/- per acre besides claiming compensation for the buildings, wells etc. and for severance caused due to the acquistion. The land Acquistion Collector, vide award dated 24th January, 1975, awarded compensation for the land at the rate of Rs. 5,480/- per acre and Rs/ 4,370/- for the well and kothas to the claimant covered by R. F. A. No. 1729 of 1979. The claim of severance was declined and nothing was awarded for Hina plantation. The claimants sought references which came up for consideration before the Additional District Judge, Gurgaon, who on the contest of the parties, framed the following issues including the additional issues framed after the framing of the original issue:-- 1. What was the market value of the land acquired on the date of the notification under Section 4 of the Land acquisition Act, 1894? 1-A. What is the effect of giving area of Khasra Nos. 1987/2 and 1089/3 under Section 4 and 6 of the Land Acquisition Act as one Bigha while in the Award, it is mentioned as I Bigha 2 Biswas was Pukhta? 2. Whether there were Hina Plants in the land acquired and if so, what was their market value? 3. To what amount of compensation, the applicants are entitled on account of cessation of their water courses and the passage from Khasra No. 1089/1 to their filed comprised in Khasra Nos. 1146 to 1155? 4. What is the effect of the corrigendum issued on 23-8-1973? After evidence was led, vide award dated 30-4-1979, the compensation for the land was enhanced to Rs. 11,500/- per acre; for Hina plantation compensation was awarded at the rate of Re. 1/- per square yard, no enhancement was made for the construction ad nothing awarded for severance. Still feeling dissatisfied, the claimants have come up in appeal to this Court.
(3.) No point has been urged before me in regard to enhancement of compensation of Hina plantation and, therefore, the award of the Court below in this regard is maintained.;