- (1.) This judgment of mine will dispose of Regular First Appeals Nos. 228 of 1982, 229 of 1982, 2662 of 1987, 2659 of 1987, 2661 of 1987 and 2665 of 1987 as they arise out of common notification dated November 17, 1972 issued under section 4 of the Land Acquisition Act (hereinafter referred to as the Act) seeking to acquire land situated in villages Parnala and Bhadurgarh, District Rohtak. The purpose of acquisition is that the land was needed for construction of police station and staff quarters at Bahadurgarh. The Land Acquisition Collector determined the market value of the acquired land at Rs. 5/- per square yard. On reference under section 18 of the Act the market value of the acquired land was determined at rates ranging between Rs. 7/- and Rs. 10/-. This difference between Rs. 7/- and Rs. 10/- has been caused on account of the fact that the cases were dealt with by different Courts.
(2.) Mr. Adish Gupta, learned counsel for the landowners, has taken me thought the judgment of Additional District Judge in Regular First Appeal No. 228 of 1982 in which the market value has been determined at Rs. 10/- per square yard. The basis for evaluating the land at Rs. 10/-, as per the perusal of the judgment would show, is an award rendered by G.C. Mital, J. in Sher Singh v. State of Haryana, R.F.A. No. 488 of 1975 decided on November 17, 1979. This Court in Sher Singh's case determined the market value of the acquired land at Rs. 10/-. as per square yard while dealing with the notification under section 4 dated October 17, 1969. The land in the decided case was acquired for the construction of Bus-Stand, Bahadurgarh. The Additional District Judge was therefore, right in placing reliance upon the decision in Sher Singh's case particularly when the acquired land is centrally situated within the Municipal Limits of Bahadurgarh opposite the premises of the Haryana Roadways and the Telephone Exchange abutting the Delhi-Hissar Road as has been stated by Krishan Kumar PW 1.
(3.) For the reasons recorded above, the market value of the acquired land by following Sher Singh's case is determined at Rs. 10/- per square yard. Since this Court was dealing with notification under section 4 dated October 17, 1969. I would be giving an increase of 12 percent in price every year by following the dictum of law laid down by M.S. Liberhan, J. in Inder Singh v. State of Punjab,1988 2 PunLR 190. In other words, the enhancement in price in the first year would be 12 per cent. The same would be the position in the second year, where-as it would be 13 per cent in the last year. The appellants are also held entitled to the benefits of the amended provisions of the Act i.e. Sections 23(1-A), 23(2) and 28. They shall also have proportionate costs of these appeals. They are allowed two months time to make up the deficiency in the Court fee, if any.;