KISHAN Vs. STATE OF HARYANA
LAWS(P&H)-2014-8-82
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 02,2014

KISHAN Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Dr. Bharat Bhushan Parsoon, J. - (1.) THESE Regular First Appeals are being taken up for adjudication together as these are connected with each other.
(2.) FOR the purpose of development of Sector 61, Faridabad pursuant to notifications dated 09.05.1995 and 06.05.1996 under Sections 4 and 6 respectively of the Land Acquisition Act, 1894 (hereinafter mentioned as "the Act"), some land was acquired by the State of Haryana. So far as RFA No. 3275 of 2008 is concerned, land measuring 8 Kanals 10 Marlas situated in Village Malerna, Tehsil Ballabgarh, District Faridabad was acquired. Compensation @ Rs. 1,50,000/ - per acre was awarded by the Land Acquisition Collector (hereinafter mentioned as the "Collector") whereas it being shamlat land proprietors of Village Malerna had filed a petition under Section 18 as also under Section 30 of the Act.
(3.) YET another petition was preferred by Kishan son of Nihal wherein it was claimed by him that he was cultivating the land as Gair Morusi and thus was entitled to compensation. Proprietors had claimed that he was not a Gair Morusi but was only rendering services at the Piao (water shed) but at the relevant time had not been rendering services for providing drinking water to the villagers and passersby at the Piao (water shed) as he had been employed in a factory at Faridabad. In short, it was claimed that his name was wrongly entered into revenue record though he was neither in possession nor had any right or title in the land.;


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