STATE OF HARYANA Vs. MANBHARI
LAWS(P&H)-2008-12-111
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 12,2008

STATE OF HARYANA Appellant
VERSUS
MANBHARI Respondents

JUDGEMENT

RAKESH KUMAR JAIN,J. - (1.) THIS order shall dispose of seven Regular First Appeals bearing RFA Nos.2473 to 2475 of 1989 and 1141 to 1144 of 1991, as common question of law and facts are involved therein.
(2.) VIDE notification dated 15.4.1979 issued under Section 4 of the Land Acquisition Act, 1894 (for short,'the Act') followed by subsequent notification dated 14.8.1979 issued under Section 6 of the Act, 66.774 acres of land in village Bhatsana, Tehsil Rewari, District Mohindergarh was acquired for constructing Massani Barrage by the Irrigation Department. Land Acquisition Collector vide his award No. 37 dated 27.6.1980 divided the land into four categories and assessed the compensation as under :- Chahi: @ Rs. 11,000/- per acre Barani: @ Rs. 7,000/- per acre Bhood: @ Rs. 6,000/- per acre Banjar: @ Rs. 4,000/- per acre On reference made by the landowners/claimants under Section 18 of the Act, the learned Addl.District Judge, Narnaul, vide his award dated 12.6.1989 enhanced the compensation in respect of Chahi land from Rs. 11,000/- per acre to Rs. 14,000/- per acre and also awarded solatium @ 30% under Section 23 (2) of the Act, additional compensation @ 12% under Section 23 (1-A) of the Act and interest @ 9% and 15% per annum as provided under Section 28 of the Act.
(3.) MR . Rajiv Kawatra, Sr. D.A,G, Haryana, appearing for the appellant-State has only objected to the award of additional compensation under Sections 23 (2), 23 (1-A) and 28 of the Act on the ground that the notification under Section 4 of the Act was issued on 15.4.1979 followed by a notification of declaration under Section 6 of the Act dated 14.8.1979 for which the award was announced by the Collector on 27.6.1980.;


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