- (1.) This Regular First Appeal had been filed by one Partap Singh (now dead) for the enhancement of compensation awarded to him by the Additional District Judge, Gurgaon as per his award dated September 26, 1984 under the Land Acquisition Act, 1984 (for short 'the Act').
(2.) By a notification published on December 10, 1976 under Section 4 of the Act, the State of Haryana, acquired a large chunk of land in village Sukhrali and some other villages for the development and utilization of land as residential area for Sector 17 in the Urban Estate of Gurgaon. This area included the holding of appellant claimant meaning 10 kanals in village Sukhrali, Tehsil & District Gurgaon. After taking into consideration the situation, the potential value and the rates supplied by the Collector of the District, the Land Acquisition Collector awarded compensation for the acquired land at a uniform rate of 20,000/- per acre. The land owners were also allowed statutory solatium at the rate of 15 per cent as compulsory acquisition charges besides interest. Feeling dissatisfied with the amount of compensation awarded by the Collector, the land owners claimants including the appellant herein sought reference under Section 18 of the Act. The appellant claimed that the market value of his land was not less than 60 per sq yard and that the compensation awarded to him by the Collector was highly inadequate. The Haryana State, on the other hand, contended that keeping in view all the relevant factors the market price of the acquired land could not be more than what was allowed by the Collector. From the pleading of the parties, the learned Additional Distt. Judge framed the following issues:- (1) What was the market value of the area under acquisition at the time of publication of notification under Section 4 of the Land Acquisition Act, 1894 ? OPP. (2) Whether the claimant is also entitled to enhancement in the amount of compensation awarded in respect of trees? If so, to what effect? OPP. (3) Relief.
(3.) The claimant-appellant produced on record certified copies of the sale deeds Exhibits P-1 to P-7 and on the basis of various instances of sales it was urged on his behalf that the market value of the land on the date of notification under Section 4 of the Act was not less than Rs. 60/- per sq. yard.;