R.M.LODHA, ANIL R.DAVE
STATE OF HARYANA – Appellant
Versus
KARTAR SINGH (DEAD) – Respondent
JUDGMENT : -
R.M. LODHA, J.—
1. This appeal, by special leave, has been filed under Article 136 of the Constitution of India by the State of Haryana and the Land Acquisition Collector, Urban Estate, Panchkula against the judgment and order of the Punjab and Haryana High Court dated 1-4-2003.
2. The controversy arises in this way. On 2-5-1973 the Government of Haryana issued Notification under Section 4 of the Land Acquisition Act, 1894 (for short “the LA Act”) proposing to acquire land for residential and commercial area as Sector 13 and Sector 13 Extension at Karnal, Haryana. Subsequent thereto, declaration was made under Section 6 of the LA Act and then the award came to be passed by the Land Acquisition Collector on 23-11-1973 fixing the market value of the acquired land @ Rs 270 per biswa. The respondents' land is part of the above acquisition in the award.
3. The respondents were not satisfied with the market value determined by the Land Acquisition Collector and sought reference under Section 18 of the LA Act. The matter was referred to the civil court for determination of compensation for compulsory acquisition of the respondents' land. The Reference Court on 17-5-1980 decid
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