- (1.) This judgment will dispose of 47 regular first appeals, ten (R.A.F. Nos. 318-320, 333, 345-348, 474, and 634 of 1974) filed by the claimants and 37 (R.A.F. Nos. 475 to 511 of 1974), filed by the State of Haryana, with cross-objections in R.F.A. No. 478 of 1974, which arise out of the same acquisition proceedings and common award rendered by the Additional District Judge, Ambala, and the counsel for both the parties are agreed that these may be disposed of by one common judgment.
(2.) By notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act), published on 7th of September, 1971, the State of Haryana proposed to acquire area larger than 231.92 acres but by Section 6 notification, it acquired only 231.92 acres in village Abheypur, Hadbast No. 370, tehsil Kalka, district Ambala, for planned developed of the area in the said village. This acquisition ultimately formed part of the master plan for setting up of Panchkula Township for which land in several other villages were also acquired.
(3.) The Land Acquisition Collector awarded compensation for the acquired land under the following two categories :- (i) For Abi, Chahi, Bagh Abi, Barani land etc. at the rate of Rs. 9,280/- per acre. (ii) Ghairmumkin, wells, tube-wells, path-ways and irrigation channels etc. at the rate of 3,200/- per acre. The claimants had lodged claims at the rate of Rs. 45,000/- per acre. Dissatisfied with the award of the Collector, dated 28th March, 1972, the claimants sought references under Section 18 of the Act which came up for consideration before the Additional District Judge, Ambala, who, on contest between the parties, framed the following issues :- (1) What was the market value of the acquired property at the time of its acquisition ? (2) Relief. The Additional District Judge, by award dated 5th of February, 1974, awarded compensation for the first category at the rate of Rs. 19,771/- per acre and for the second category at the rate of Rs. 6,400/- per acre. Still dissatisfied with the award of the Additional District Judge, some of the claimants have come up to this Court in appeals for further enhancement and the State has come up in appeals for reduction of compensation.;