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1995 Supreme(SC) 99

K.RAMASWAMY, M.N.VENKATACHALIAH
State Of Haryana – Appellant
Versus
Gurcharan Singh – Respondent


Advocates:
Indu Malhotra, S.K.Bagga, SURUCHI AGARWAL, Tanuj Bagga

(1) THIS appeal arises from the judgment and decree of the High court of Punjab and Haryana in RSA No. 1137 of 1970 and batch dated 21/5/1981. An extent of 20 acres 38 cents was notified and published for acquisition in the State Gazette under Section 4(1 of the Land Acquisition Act on 22/6/1974 for a residential colony. The lands are situated in Panchkula, near Chandigarh, a satellite town. The Land Acquisition Collector (for short "the collector",) awarded the market value in his award dated 25/6/1976, to the Abadi land at the rate of Rs. 12,240.00 per acre and to the Gheir Murnkin land @ Rs. 1,200.00 per acre. In addition, he also awarded compensation to the fruit-bearing trees in the respective appeals as follows:

.RFA No. 1137 of 1979

— Rs 1,12,993.50


RFA.No.ll38 of 1979

— Rs 1,56,659.40


RFA No. 1354 of 1979

— Rs40.842.00


RFA.No. 1355 of 1979

— Rs 1,65,688.00


(2) ON reference under Section 18, in his award and decree dated 12-12- 1978, the Additional District Judge affirmed the award of the Collector. In other words, he passed nil award. On appeal, the High court by confirming the market value of the land, enhanced the compensation for the fruit-bearing trees b



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