STATE OF HARYANA Vs. DILBAGH

JUDGEMENT

(1.) The learned District Judge, Gurgaon, awarded compensation at the rate of Rs. 12,05,500/- per acre for acquisition for their respective lands while in relation to the same notification of the same date, the learned" Additional District Judge Gurgaon vide his judgment dated 3.12.1997 awarded to the identically situated claimants Rs.265/- per square yard i.e. Rs. 12,82,600/- per acre compensation for acquisition of their respective lands. This in fact itself formulates an important question for determination before this Court in the above regular first appeals.

(2.) Reference to basic facts would be necessary. Government of Haryana with an intention to acquire land measuring 1068.64 acres in the revenue estates of village Jhasra, Kanhai, Binderpur and Shamshpur, District Gurgaon, issued a notification under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act on 20.4.1990. In furtherance thereto, notification under Section 6 of the Act was issued on 18.4.1991 and the details of the lands acquired from the aforestated respective villages as indicated in the notification is as under:- <TAB> Village Section 4 notification Section 6 notification Dated 20.4.1990 Dated 18.4.1991 Area (in acres) Area (in acres) Jhasra 475.51 466.00 Kanhai 579.81 516.67 Binderpur 43.81 35.19 Shamshpur 49.78 49.78 </TAB>

(3.) An area of 119.22 acres was left from the notification under Section 48-A of the Act being licensed area. The Land Acquisition Collector, therefore, dealt with and passed an award No. 8 dated 23.3.1993 granting the following compensation to the claimants for their respective lands in the respective villages. <TAB> VILLAGE JHARSA Sr.No. Kind of Land Rate per acre 1. Chahi Rs. 4 lacs. 2. Magda Rs. 3.5 lacs. 3. Bhood Rs. 3 lacs. 4. Gair Mumkin Rs. 2.5 lacs. VILLAGES BINDERPUR, SHAMSPUR AND KANHAI. 1. Chahi Rs. 1.5 lacs. 2. Magda Rs. 1.25 lacs. 3. Banjar. Gair Mumkin Rs. 2 lacs. </TAB>