The principle of averages of the sale instances proved on record and which are admissible would be a safe measure to arrive at a figure which should finally be paid to the claimants.

Swatanter Kumar, J.

1. Award No. 8 of 1990-91 announced by the Land Acquisition Collector, Urban Estate, Panchkula gave rise to 98 references under Section 18 of the Land Acquisition Act (for the purposes of brevity hereinafter referred to the the Act). All these references were disposed of by the learned Additional District Judge, Ambala upon consolidation in L.A.C. No. 33 of 1991/1992 vide its decision dated 6.10.1994. The judgment of the teamed Court was not acceptable to either of the parties to the proceedings, Consequently, the State of Haryana preferred 90 Regular First Appeals being dis-satisfied with the extent of compensation awarded, it being on higher side, while the land owners/claimants filed other 91 Regular First Appeals compensation awarded being on the much lower side then that claimed by the claimants.

2. For pervasive discussion of the matters falling for determination in these appeals references to basic facts, as they emerge from the record, would be necessary with its intention to acquire land for development and utilisation of lend, as residential and commercial area for Sector 10, Ambala under the Haryana Urban Development Authority Act, 1977, the State of Haryana issued a notification under Section 4 of the Land Acquisition Act on 2.2.1989. Vide this notification the State of Haryana had decided to acquire land measuring 190.79 acres for the revenue estate of village Sounda and land measuring 44.45 acres in revenue estate of village Jandli in District Ambala. In furtherance thereto notification under Section 8 of the Act was issued on 10.1.1990 and the Government actually acquired the entire land except 0.15 marlas, which was a result of arithmetical measurement mistake. Resultantly, the possession of the entire land was taken. At the out set it needs to be mentioned that an area of 6.9 acres was a low lying area in the revenue estate of village Sounda which was part of this acquisition.

3. The claimants filed objections and claimed compensation at the rate of Rs.20 lacs per acre. The Land Acquisition Collector, Urban Estates, Panchkula, awarded the following compensation:-

a)

For the entire land acquired in villages Sounda

and Jandli except to the extent indicated hereinafter.

Rs. 1,01,376/- per acre

b)

For the low lying area (6.9 acres in Village Souonda)

Rs. 0,51,376/- per acre

4 At the request of claimant land-owners references under Section 18 of the Act were made by the Collector to the learned District Judge, Ambala. Learned Additional District Judge, Ambala consolidated all the 98 references as already noticed and by a common judgment dated 6.10.1994 awarded a universal rate of compensation payable to the claimants for the entire land under this notification at the rate of Rs. 1,41,0007- per acre. Dissatisfied with this, the State of Haryana as well as the claimants have come up in above 185 appeals before this Court. As all these appeals raises common question of law based upon common facts, while reference of the same evidence is required to be appreciated for considering the contentions raised, thus it will be appropriate to dispose of all these appeals by a common judgment.

5. Ail the learned counsel appearing for the claimants and the learned Advocate General, Haryana, for the State of Haryana were heard at great length.

6. At the out set reference to the evidence led by the parties before the learned Additional District Judge, would be proper. The claimants examined 14 witnesses and produced number of sale deeds to prove their case. PW1, PW3, PW5 to PW7 and PW10 to PW14 were examined by the claimants to prove the sale deeds, letters of allotment and the copies of the awards/judgments rendered in the cases of the nearby lands. These witnesses were the purchasers of the land in village Sounda, Jandli and other surrounding areas. The sale deeds have been exhibited on record. Out of the sale deeds produced and proved on record by the claimants learned counsel appearing for the claim