- (1.) THIS judgment of mine would dispose of R. F. A. Nos. 481, 482, 487 of 1984 filed by the State of Haryana and R. F. A. No. 1609 of 1984 filed by the claimants The facts of the case lie in a very narrow compass and may thus be noticed.
(2.) IN pursuance of a notification dated October 1,1973 a big chunk of land measuring 102. 65 acres situated in village Mawai was acquired by the State of Haryana for the purpose Of development and utilisation of land as residential area in Sector 28 in village Mawai in Ballabhgarh Faridabad Controlled Area. The afore-mentioned land included the land of the landowners in these appeals The land Acquisition Collector by his Award assessed the market value of the acquired land at Rs. 120/- per marla. The compensation for fruit trees and superstructures was also granted. The landowners feeling aggrieved againt the Award of the Collector sought references under Section 18 of the Land Acquisiton Act (for short 'the Act' ). The Land Acquisition Court framed the following issues : 1. What was the market value of the land in dispute on the date of the notification under Section 4 of the Land Acquisition Act ? 2. Whether the petitioners are entitled to enhanced compensation for the acquired land over and above the amount awarded by the Land Acquisition Collector ? If so how much ? 3. Whether there were in existence fruit plants on the land in dispute on the date of its acquisition? If so to what amount of additional compensation, the petitioners are entitled for the same ? 4. Whether there were in existence on the date of acquisition tubewell, tubewell room, living room, cattle shed, godown and compound wall on the land in dispute as also pucca water channel? If so whether the petitioners are entitled to separate compensation in respect of the items and to what extent ? 5. Relief. Under Issue Nos. 1 and 2, the learned District Judge has determined the market value of the acquired land at Rs. 18/- per sq. yard by following the judgment Exh. P 6 gives by this Court on 17. 5. 1979. This Court in the decided case was assessing the market value of the land acquired in the present cases by way of notification dated 1. 10 1973 and, therefore, this Court has only to endorse the valuation of Rs. 18/ per sq. yard. Consequently, finding no merit is the State Appeals, the same are ordered to be dismissed with no order as to costs.
(3.) THE market value of the acquired land having been determined at Rs. 18/- per sq yard, I have to determine as to what should be the compensation for fruit trees It has remained undisputed that the learned District Judge has granted compensation at Rs. 71551/- by following the formula laid down and published by the Horticulture Department. Since the land along with the fruit trees has, admittedly, been acquired on Ist October, 1973, the landowners in R. F. A. No. 1609 of 1984 are definitely entitled to an increase in the valuation of the fruit trees.;