SMT. PHULI DEVI AND ORS. Vs. STATE OF HARYANA
LAWS(P&H)-2001-9-131
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 17,2001

Smt. Phuli Devi And Ors. Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

V.K. Bali, J. - (1.) By this common order, we propose to dispose of RFA No. 1906 of 1991 State of Haryana v/s. Mulakh Raj Sapra as also RFA No. 1286 of 1991 filed by claimant/landowner Mulakh Raj Sapra arising from same judgment rendered by learned District Judge, Hissar, dated February 5, 1991 as also RFA No. 2346 of 1989 filed by claimant/landowners as also another claimants' RFA No. 2371 of 1989 filed Padam Kumar as also RFA No. 2823 of 1989 filed by the State of Haryana against Padam Kumar against same judgment dated August 22, 1989 as also LPA Nos. 110, 140 to 151, 173,181, 183, 482, 520 to 524, 695 to 698, 1931 and 2095 of 1989, 26 of 1990 and 114 of 1991. The facts, that necessitate common judgment in all the matters, referred to above, need a necessary mention.
(2.) The State of Haryana vide notification issued under Sec. 4 of the Land Acquisition Act, 1894 (here -in -after referred to as the 'Act') on May 15, 1979, sought to acquire land measuring 142.36 acres situated in Hissar town for a public purpose, namely, for development and utilisation of land as residential area in Urban Estate, to be set up for Sector 15 -A, Hisar. The follow -up declaration under Sec. 6 of the Act of 1894 was issued on December 21, 1979 pertaining to total land measuring 141.04 acres. The Land Acquisition Collector vide his award dated June 11, 1981 classified one categorised land into three blocks and fixed the market value as under : -
(3.) Since a big chunk of land was acquired, naturally number of land owners, who were affected of the same, filed references under Sec. 18 of the Act of 1894. However, in the first instance, 97 reference were clubbed/consolidated together and assigned to Additional District Judge for adjudication. Learned Additional District Judge, before whom these matters came up for hearing, recorded evidence of both the parties and decided the same vide order dated November 4, 1985 and assessed the market value of the land at the relevant time, i.e., instance of notification under Sec. 4 of the Act of 1894, at Rs.11.25 per Sq. Yard. However, case of Mulakh Raj Sapra, giving rise to R.F.A. No. 1286 of 1991 could not be decided at that stage as same was not somehow consolidated with 97 references, referred to above. It appears from the records of the case that Mulakh Raj Sapra had moved two applications on January 10, 1986, one for spot inspection and other for framing of additional issues and the said applications were rejected. This constrained Mr. Sapra to file revision in this Court which was filed on January 28, 1986, wherein proceedings before the reference court were stayed and the Civil Revision was ultimately allowed on March 16, 1986. Earlier to that Mr. Sapra had moved yet another application for amendment for his claim petition which was allowed on March 26, 1984 and he was permitted to raise his claim, as mentioned in his claim petition under Sec. 18 from Rs.150/ - to Rs.1500/ - per Sq. Yards.;


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