S.S.Sandhawalia, G.C.Mittal, JJ. - (1.) LEARNED counsel for the parties are agreed that this judgment will govern this set of twenty -two regular first appeals as the points of fact and law are identical.
(2.) BY the Government Gazette Notification No. 2491 8 -TPC -66/25865, dated the 8th of September, 1966, published on the 23rd of September, 1966, the Haryana Government under section 4 of the Land Acquisition Act notified that the land measuring 1102 Kanals 15 Marlas specified in detail therein was likely to be needed for the public purpose of the planned development of Sector No. 24 of the Ballabgarh Faridabad controlled area. This was then followed by a notification under section 6 of the aforesaid statute published in the Government Gazette on the 8th of August, 1969. Consequent there upon the Land Acquisition Collector proceeded in the matter and gave his award in respect of the land in question and settled the compensation at various rates for the different claimants therefor. It is unnecessary to go into the details of the rates of compensation awarded by the Collector and it suffices to mention that the landowner -claimants not being satisfied by the award preferred references under section 18 of the Land Acquisition Act. The primary claim therein was that the compensation allowed was far below the market value and that the land had been erroneously evaluated as agricultural land whilst ignoring its high potential for development as industrial and residential areas. Claims were also made for wells, tubewells, buildings and other constructions, etc, on the land. These references were inevitably contested on behalf of the State of Haryana who opposed any enhancement of the compensation, both for the value of the land or the construction or tube -wells thereon. A number of reference were consolidated with the consent of the parties and on the pleadings the following issues were struck : - - 1. What was the market value of the land in question in all these petitions on the date of the notification under section 4 of the Land Acquisition Act ? 2. Whether any wells, tube wells, buildings or any other construction existed on the acquired land of any of the claimants. If so, what was their market value on the date of the above mentioned notification ? 3. What is the market value of the trees standing on any of the acquired land on the date of the above said notification ?
(3.) WHETHER the acquisition caused severance and fragmentation of holdings of the claimants. If so, whether they are entitled to any compensation on that ground and how much ?;