NIRMAL YADAV, J. - (1.) ALL the above mentioned regular first appeals having been arisen out of the same notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 and Award passed by Additional District Judge, Faridabad, dated 18.1.1989 shall stand disposed of by this common judgment.
(2.) THE State of Haryana on 23/24th April, 1985 issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') intending to acquire 44.03 acres of land situated in Village Bhanakpur, Hadbast No. 45, Tehsil Ballabhgarh for a public purpose, namely, for construction of 400 K.V. Sub-station, Ballabhgarh of the National Thermal Power Corporation. The declaration under Section 6 of the Act was published on 26.8-1983 and the District Revenue Officer-cum-Land Acquisition Collector was directed to take further steps for acquisition of the land. Vide Award No. 4, the Land Acquisition Collector, Faridabad awarded compensation of the entire acquired land @ Rs. 40,000/- per acre i.e. Rs. 8.25 per square yard along with 30% solatium and 12% per annum additional amount, as envisaged under Section 23(1-A) of the Act. Feeling aggrieved the claimants in all the appeals, made reference to the District Judge, Faridabad, for enhancement of compensation. According to them, the Land Acquisition Collector did not award a reasonable and adequate compensation keeping in view the market value of the land prevalent in the vicinity of the acquired land at the time of publication of notification under Section 4 of the Act. The learned Additional District Judge, after taking into consideration the facts and evidence on record, enhanced the compensation to Rs. 12/- per square yard along with solatium at the rate of 30% on the enhanced amount of compensation and interest @ 9% per annum for the first year and @ 15% for the subsequent years till the payment was made. The claimants were also awarded additional amount @ 12% as envisaged under Section 2 (1-A) of the Act. The claimants as well as the State of Haryana being not satisfied with the decision of the Reference Court, have filed the aforesaid appeals.
(3.) THE claimants in RFA Nos. 967, 984, 966 of 1989 have stated that though they are entitled to be awarded compensation at the rate of Rs. 200/-per square yard, but as they could not afford to pay ad valorem Court fee on the said amount, therefore, they have limited their claim to a further sum of Rs. 60,000/-, which comes to Rs. 30/- per square yard. Similarly, the claimants in RFA Nos. 872, 873 and 914 of I989 have prayed for enhancement of compensation to Rs. 24/- per square yard for the acquired land.;