HC ends 64-year land dispute, orders payout at 2005 charges | India Information – The Occasions of India
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CHANDIGARH: Settling a 64-year-old dispute that features a 20-year authorized battle over a chunk of land in a Hisar village being utilized by an influence discom, Punjab and Haryana HC has directed the authorities to pay land utilization prices since 1961 and compensate the house owners upon buying the land.
HC dominated that compensation must be granted to the landowners primarily based on the prevalent charges of land in 2005, once they filed the swimsuit for possession of the land. The ability discom, Dakshin Haryana Bijli Vitran Nigam Restricted (DHBVN), had pleaded for compensation to be given at 1961 charges.
HC noticed in its order which was launched on Tuesday: “Granting compensation to the appellants-plaintiffs on the market fee prevalent in 1961 could be a travesty of justice. For 44 years, not solely have been the plaintiffs disadvantaged of their proper to make use of the land, however they have been additionally disadvantaged of financial compensation. In the event that they have been granted compensation in 1961, they may have bought another land. The identical additionally would have grown exponentially with different land within the nation.”
Justice Pankaj Jain handed these orders whereas listening to a petition filed by Arjun Lal and others, residents of Barwala in Hisar district in Haryana, who’re house owners of 8 kanal 8 marla land and have been combating to reclaim their land. Their grievance is towards the state usurping their land and establishing a powerhouse on it with out buying it. They sought instructions to get their land again. Nonetheless, in its Dec 2011 orders, the decrease court docket in Hisar refused to grant them possession of the land however requested them to simply accept compensation for the land.
The bench held that since 1961, DHBVN had been utilizing the land owned by plaintiffs with out acquisition and with out cost of compensation. Accordingly, appellants must pay person prices on the fee of Rs 1,000 per 12 months beginning 1961, with 10% enhancement each 10 years until the date of acquisition (Feb 2005) and curiosity at 6% every year. Curiosity shall be paid till 2005 when the land is deemed to be acquired. Excessive court docket has directed the Hisar commissioner to finish the acquisition course of and to pronounce the award of the land inside three months.