STATE OF HARYANA Vs. BUTA RAM

JUDGEMENT

(1.) Land measuring 2.60 acres was intended to be acquired by the State of Haryana vide notification dated 20.10.1981 under Section 4 of the Land Acquisition Act, hereinafter referred to as the Act, in village Sounda, District Ambala. This land was acquired for a public purpose namely for development of the urban area for residential and commercial purpose. In furtherance thereto, notification under Section 6 of the Act was issued on 10.1.1983 and possession of the land was taken by the State. The Land Acquisition Collector awarded a compensation of Rs. 53,000/- per acre vide Award No. 5 dated 27.6.1984. Being dis-satisfied with the amount of compensation awarded to the landowners/claimants, they preferred objections and references were made by the Land Acquisition Collector under Section 18 of the Act to the learned District Judge, Ambala. The claimants averred that they should be awarded at least Rs. 250/- per square yard as compensation of their respective lands. These references were registered as L.A.C. Cases No. 8/4 of 1987 to 11/4 of 1987. As all the references related to the same land, the learned District Judge, Ambala consolidated the references and disposed them of together vide judgment dated 14.2.1992. The judgment was passed in L.A.C. Cases No. 8/4 of 1987. The learned District Judge awarded the compensation at the rate of Rs. 3,38,800/- per acre to the claimants. Discontented with this judgment of the learned District Judge the claimants filed appeals before this Court for enhancement of compensation while the State Government filed appeals for reduction of amount of compensation awarded by the learned District Judge to the landowners-claimants. Thus, it resulted in filing of eight appeals being Regular First Appeals No. 1605 to 1608, 1761 to 1763 & 2859 of 1992. All these appeals are, thus, being disposed of by the common judgment.

(2.) In order to determine the fair market value of the land at the time of acquisition the learned District Judge had relied upon the various evidence produced by the parties. The claimants examined 9 witnesses i.e. PW 1 to PW 9 in support of their cace and proved in accordance with law Ex.P.1 to Ex.P.6 and other documents which were exhibited by the respective witnesses during their statements. The petitioners relied in the sale instances Ex.PW 5/2, Ex.PW 6/1, Ex.PW 7/1, Ex.P.1 and Ex.P. 4. Ex.P.2, Ex.P.3, Ex.P.5 and Ex.P.6 were the judgments/awards relied upon by the claimants. Site plans Ex.PW 3/A and Ex.PW 9/A are the documents showing the land acquired.

(3.) To rebut this evidence of the petitioners, the respondents examined no oral evidence but produced on record documents Ex.R.1 to R.3. While Ex.R.1 is the judgment of the learned Additional District Judge awarding compensation of Rs. 57,000/- for the land acquired in all the three villages Patti Mehar, Jandli and Sounda vide notification dated 26.5.1981. Ex. R.2 and Ex.R.3 were the sale instances relied upon by the respondents.