L.P.A. No. 3055 of 2001

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In the High Court of Punjab and Haryana, Chandigarh.

L.P.A. No. 3055 of 2001

Date of Decision: 14.02.2008.

Daya Nand and Others

…Appellants through

Mr. Narender Hooda, Advocate

Versus

State of Haryana and Another.

…Respondents through

Mr. B.S. Rana, Additional

Advocate General Haryana.

(for respondent No.1)

Mr. Ravinder Hooda,

(Advocate for respondent No.2.)

CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN,

CHIEF JUSTICE

HON’BLE MR.JUSTICE KANWALJIT SINGH

AHLUWALIA

1.

Whether Reporters of Local Newspaper may be allowed to

see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

Vijender Jain, Chief Justice.

For establishment of new grain market, construction of Staff

Quarters, Rest House, Gadda Sheds and office building at Meham.

Government of Haryana issued a notification under Section 4 of the

L.P.A. No. 3055 of 2001

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Land Acquisition Act, 1894 (for short “the Act”) on 8.10.1985 followed by

another notification under Section 6 of the Act on 12.6.1986. These

notifications were issued for acquiring 37 acres 6 kanals and 8 marlas of

land in Meham, District Rohtak. However, in actual 24 acres 5 kanals

and 19 marlas of the land was acquired and to this effect Land

Acquisition Collector issued the award. In his award dated 30.9.1987

learned Land Acquisition Collector, Rohtak, depending upon the nature

of land awarded following compensation to the land owners:-

Nehri/Chahi land

Rs.25,000/- per acre

Gair Mumkin

Rs.28,000/- per acre

Barani Land

Rs.15,000/- per acre

Not satisfied with the amount of compensation, references

under Section 18 of the Act were sought for enhancement of

compensation.

21 references preferred were disposed of by learned

Additional District Judge, Rohtak vide judgment dated 3.2.1990, who

awarded uniform rate of compensation to all the claimants at the rate of

Rs.1,44,000/- per acre.

Against the judgment of learned Additional District Judge,

Rohtak, 21 Regular First Appeals were filed by the State of Haryana

praying that the amount awarded is excessive. Claimants also filed 20

appeals praying for enhancement. All the appeals were decided by the

impugned judgment of learned Single Judge of this Court on 18.2.2000.

The learned Single Judge came to conclusion that the claimants would

get Rs.3,68,000/- per acre minus 50% i.e. Rs.1,84,000/-. 50% cut was

applied for the development charges.

L.P.A. No. 3055 of 2001

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Learned counsel appearing for the appellant has also stated at

bar before us that no other Letters Patent Appeal was preferred against

the judgement of learned Single Judge except the present one. During

course of arguments, learned counsel appearing for the appellants has

confined his arguments only to challenge imposition of 50% cut applied

towards the development charges.

It is not disputed that the learned Additional District Judge

before arriving at the amount of compensation had already applied 1/3^rd

cut for small piece and further 1/3^rd cut on account of fact that entire

land was not abutting the National Highway. In view of this, before the

learned Single Judge, State had not pressed their appeals.

Assailing imposition of 50% cut for development charges etc.

the learned counsel for the appellant has heavily relied upon the

evidence of PW.3, PW.4 and PW.6, which have been noticed by learned

Single Judge to determine location and potential of the acquired land. In

the impugned judgement the following portion of evidence of PW.3 has

been noticed:-

“....Their evidence is material. PW.3 stated as

under:-

“The acquired land was

surrounded by roads from three sides one

of which is National Highway I.T.I.,

College, Tehsil Campus, Bus-stand,

Power House and Arya Nagar are near to

this place. This place was very valuable

L.P.A. No. 3055 of 2001

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to us. At the time of acquisition the rate of

th