R.L.ANAND, J. - (1.) THIS R.F.A. has been filed by S/Shri Sat Pal Chopra and four others against the State of Haryana and the land Acquisition Collector, and it has been directed against the judgment dated 18.9.1989, passed by the Additional District Judge, Karnal, who, awarded the compensation of the acquired land of the appellant measuring 15 bighas and 1 Biswa at the rate of Rs. 43.87 per square yard. The Reference Court also ordered that appellants shall be paid additional amount at the rate of 12% on the market value of the land under Section 23(1-A) of the Act from the date of publication of the notification under Section 4 of the Act upto the date of the award of the Collector or the date of taking possession of the land whichever is earlier. The trial court also held that the appellants will be entitled to solatium at the rate of 30% of the market value besides interest at the rate of 9% on the enhanced amount from the date on which the Collector took possession of the land to the date of payment of such excess into Court for one year and thereafter at the rate of 15% per annum till the date of payment. The reference Court, however, declined to award compensation with respect to 5 Biswas of land by holding that this parcel of land is shamilat property and belongs to the Gram Panchayat.
(2.) BRIEF facts of the case are that measuring 82.88 acres in village Karnal Hadbast No. 1, Tehsil and District Karnal was acquired by the Haryana Government as per Notification dated 10.2.1983 issued under Section 4 of the Land Acquisition Act for public purposes namely for the development and utilisation of the land as institutional and commercial area to be set up in Sector-12, in Urban Estate, Karnal under the Haryana Urban Development Authority. Notification under Section 6 of the Act was published in Haryana Govt. Gazette on 8.10.1985. The Land Acquisition Collector rendered the award in respect of the land measuring 82.41 acres. He assessed the market value of the acquired land at the following rates :- (i) Chahi land @ Rs. 92,000/- per acre. (ii) Nehri Land @ Rs. 92,000/- per acre. (iii) Gair Mumkin @ Rs. 40,250/- per acre. In addition, he awarded solatium at the rate of 30% on the market value of the acquired land and additional amount of 12% under Section 23(1-A) of the Act. The appellants were not satisfied with the award of the Collector. They made reference under Section 18 of the Act and claimed the market value of the acquired land at the rate of Rs. 5,000/- per square yard on the basis of the instances enumerated in para No. 6 of the petition as well as damages of Rs. 14,00,000/- on account of harassment and uncertainty created because of the first notification issued by the respondents in May 1973 under Section 4 of the Act, by which their land situated in Sector 13, Urban Estate, Karnal along with present land was acquired by the respondents. The compensation of Rs. 10,000/- for each of the petitioners was claimed on account of loss of the source of livelihood because of the acquisition of the land.
(3.) NOTICE of the reference under Section 18 of the Act was given to the respondents - who filed the reply on 9.5.1988 in which they repudiated all the averments of the petitioners-appellants and supported the award of the Land Acquisition Collector.;