LAWS(P&H)-1999-4-36

STATE OF HARYANA Vs. RULDU

Decided On April 01, 1999
STATE OF HARYANA Appellant
V/S
RULDU Respondents

JUDGEMENT

(1.) Vide award dated 30.1.1989 learned Additional District Judge, Hisar, by a common judgment disposed of 60 references moved under Section 18 of the Land Acquisition Act, hereinafter referred to as the Act. Dis-satisfied from the calculation of compensation awarded the claimants preferred appeals for enhancement of the amount awarded while the State Governments preferred appeals for reduction of the awarded amount. In all 113 appeals arise from this common judgment. As the said appeals raise common question of law and facts and arise from one and the same judgment, it would be appropriate to dispose of all these 113 appeals also by a common judgment.

(2.) The facts giving rise to the present appeals are that the State of Haryana intending to acquire 3637 kanals 12 marlas of lands from the revenue estate of village Alipur for a public purpose i.e. for extension of Hisar Cantonment to be utilised for the Ministry of Defence Union of India. Thus it issued notification under Section 6 of the Act was issued and, published on 25.6.1984. Possession of the entire land was taken without any variation. The learned Land Acquisition Collector vide his Award No. 2 of 85-86 granted the compensation payable to the claimants on the basis of the category to which the land belonged. The compensation awarded was as under:- <TAB> Nehri Land : Rs. 20,000/- per acre Barani Land : Rs. 15,000/- per acre Tibba Land : Rs. 10,0007- per acre</TAB>

(3.) Being dis-satisfied from the amount of compensation awarded by the learned Land Acquisition Collector the claimants moved references under Section 18 of the Act which were disposed of by a common judgment dated 30.1.1989 as already noticed. The Collector had also awarded sum of Rs.42,557.75 on account of damage to the crops, while another sum of Rs.85,693/- was awarded as compensation payable in relation to buildings and super-structures. This reflects the consolidated figure on these two counts awarded to the various claimants before the learned Land Acquisition Collector. The learned Additional District Judge maintained the classifications but enhanced the amount as follows:- <TAB> Nehri/Chahi Land : Rs. 35,0007- per acre Barani/Tal Land : Rs. 25,0007- per acre Tibba Land : Rs. 17,0007- per acre</TAB>