Nawal Singh and Others vs The State of Haryana and Others

Hemant Gupta, J.—The application has been filed by a land owner for correction of inadvertent mistake in the judgment dated 5.11.2009 passed by this Court, when bunch of appeals was decided arising out of acquisition of the land measuring 367.50 acres vide notification dated 26.12.1988 and 26.12.1989 under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short referred to as ''the Act''), respectively.

Award No. 4 in respect of the land measuring 233.93 acres was announced on 29.3.1990, wherein compensation of Rs. 64,000/- per acre was determined for the land in the interior; Rs. 30/- per square yard for the land in the middle i.e. the land comprising in rectangle Nos. 134 to 139 and Rs. 50/-per square yard for the land comprising in rectangle Nos. 162 to 167 abutting the Rohtak-Sonepat Road. An Award No. 18 was announced on 25.3.1991 in respect of the land measuring 75.59 acres of land. The said Award dealt with the land on the south of Rohtak-Sonepat Road and therefore, the Land Acquisition Collector awarded Rs. 50/- per square yard as compensation for the land under acquisition.

This Court in Regular First Appeal No. 3497 of 1993 and other connected appeals filed by the State and the claimants, decided on 5.11.2009, determined Rs. 60/- per square yard as compensation for the land comprising in rectangle Nos. 162 to 167; Rs. 45/- per square yard for the land comprising in rectangle Nos. 134 to 139 and Rs. 30/- per square yard for the remaining land.

Learned Counsel for the applicant-Appellants points out that the judgment of this Court dated 5.11.2009 discusses the acquisition arising out of Award dated 29.3.1990, but no reference has been made in respect of the land measuring 75.59 acres of land in respect of which the Land Acquisition Collector has announced his Award on 25.3.1991. It is pointed out that the land of the applicant-Appellants is situated on the southern side of Rohtak-Sonepat Road. The Collector has determined market value at Rs. 50/- per square yard i.e. the same compensation, as has been awarded in respect of the land comprising in rectangle Nos. 162 to 167. Therefore, for the reasoning recorded by this Court in respect of the land comprising in rectangle Nos. 162 to 167, the compensation in the present case should also be determined @ Rs. 60/- per square yard.

Learned Counsel for the Respondents could not dispute the factual position that the Land Acquisition Collector has awarded a sum of Rs. 50/- per square yard for the land forming part of rectangle Nos. 162 to 167 situated on the northern side of Rohtak-Sonepat Road, whereas the land of the applicant-Appellants is situated on the southern side of the said road. Therefore, the applicant-Appellants shall be entitled to same amount of compensation, as has been determined for the land falling in rectangle Nos. 162 to 167 i.e. @ Rs. 60/- per square yard.

The application stands disposed of accordingly.