BHARAT BHUSHAN PARSOON, J. - (1.) FOR the construction of road connecting Delhi -Jaipur road to Government College, Sidhrawali, Tehsil and District Gurgaon, land measuring 1.05 acres was acquired by the State of Haryana pursuant to notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) which was issued on 1.4.1986. Notification under Section 6 of the Act was issued on 22.12.1986. The Land Acquisition Collector, Ambala Cantt. (for short, the Collector) announced his Award in respect of land measuring 0.96 acres on 18.3.1987 whereby following compensation was announced: Chahi and Gair Mumkin: Rs.50,080/ - per acre. Gair Mumkin Rasta: Rs.20,000/ - per acre. All other statutory benefits were allowed.
(2.) IT was also noticed that difference of 0.9 acres of land in between the publication of notifications under Sections 4 as also 6 of the Act was due to miscalculation of area of min Khasra numbers or because of the reason that only approximate area had been taken for the purpose of declaration by the acquiring department. Aggrieved with the impugned Award of the Collector, the landowners had filed their references seeking enhancement of compensation to the Collector which were referred to the District Judge, Gurgaon. Consequently, such references were decided under Section 18 of the Act by the Court of Sh. Ramendra Jain, the then Additional District Judge, Gurgaon. In the said references, landowners had taken an objection that the acquired land was having great potential as the same was situated adjacent to National Highway No.8 where other buildings were also located. It was set up that the Collector had not taken locational and situational facts of the land as also its nature and potentialities. It was claimed that no compensation had even been paid for Pacca well existing in the lane and pumping set which had been installed in the land.
(3.) THE appellant -State of Haryana had resisted these references claiming that there was no scope for any enhancement. To determine the compensation payable while arriving at the market value of the land at the time of notification under Section 4 of the Act, the reference court had considered oral as well as documentary evidence produced by the rival claimants and had come to a conclusion that market value of the acquired land was Rs.3,20,000/ - per acre on the date of notification under Section 4 of the Act. Sale deed Ex.P1 proved by its vendee Jai Narain (PW1), sale deed Ex.P2 proved by its vendee Ram Sarup (PW2) and sale deed Ex.P3 proved by its vendee yet another Ram Sarup as also sale deeds Ex.R1 and Ex.R2 proved in evidence by J.E. Tej Parkash had also been taken into consideration. One of the landowners viz. Suraj Bhan appearing as PW4 has left nothing for guess work when it was explained by him that acquired land was Chahi and was under tubewell irrigation. He further explained that market value of the acquired land was more than Rs.3 lacs per acre at the time of notification under Section 4 of the Act.;