1979 (9) TMI 205 - HC - Indian Laws

Summary

Issues Involved:
1. Categorization of land into two blocks for compensation.
2. Consideration of previous judgments and sale transactions.
3. Granting of interest on solatium.
4. Enhancement of compensation for landowners.

Summary:

1. Categorization of Land into Two Blocks for Compensation:
The State of Haryana challenged the classification of land into two blocks by the Collector and the Additional District Judge, arguing that no adequate reason was provided for this categorization. The court found merit in this argument, noting that the land was acquired in a long strip for a highway and could not be evaluated based on proximity to the village Sat Rod. The classification was deemed arbitrary and unsustainable, leading to the conclusion that the land must be evaluated uniformly.

2. Consideration of Previous Judgments and Sale Transactions:
The State contended that the Additional District Judge wrongly ignored Exhibit P.W. 1/14, a judgment by the District Judge, Hissar, regarding a similar acquisition. The court agreed with the Additional District Judge's reasoning that the evidence in the present case was more substantial, including multiple sale deeds from 1973, which were not present in the previous case. Thus, the court rejected the State's contention.

3. Granting of Interest on Solatium:
The State argued that interest should not be granted on the solatium, relying on the case of Union of India v. Ram Mehar. The court clarified that the Ram Mehar case dealt with the term "market value" in a specific context and did not apply to the present case. It was held that solatium is an integral part of the compensation, and interest is payable on the entire compensation, including solatium, as per Section 28 of the Land Acquisition Act.

4. Enhancement of Compensation for Landowners:
The landowners' cross-objections for enhanced compensation were found to be valid. The court noted that the sale instances (Exhibits P. 4, P. 7, and P. 8) indicated a higher market value of Rs. 12,000 per acre around the time of acquisition. The Additional District Judge's reduction of this value to Rs. 9,000 for 'A' block and Rs. 6,000 for 'B' block was deemed unjustified. Consequently, the court awarded compensation at a uniform rate of Rs. 12,000 per acre, along with statutory solatium and interest.

Conclusion:
All eleven Regular First Appeals by the State were dismissed, and the cross-objections by the landowners were allowed, enhancing the compensation to Rs. 12,000 per acre with solatium and interest. The landowners were also entitled to their costs.