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High Court of Punjab and HaryanaRFA/1689/1992dismissed

(O&M) State Of Haryana v. Suresh Kumar & Others

2015-08-18Mr. Justice Ramendra Jain2 pages

RFA No. 1689 of 1992

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH RFA No.1689 of 1992 (O&M) Date of Decision: 18.8.2015 State of Haryana ...Appellant

Versus

Suresh Kumar and others .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal

Present:

Ms. Vibha Tiwari, Assistant Advocate General, Haryana. Mr. Eklavya Gutpa, Advocate, for the landowners in RFA Nos.1394 and 1395 of 1993.

RAJESH BINDAL, J.

This order will dispose of three appeals bearing RFA Nos. 1689 of 1992, 1394 and 1395 of 1993, as common questions of law and facts are involved therein.

Brief facts of the case are that the State of Haryana vide notification dated 30.3.1982, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of village Ferozepur Kalan, Tehsil and District Ambala, for development and utilization thereof as commercial area. The same was followed by notification dated 26.10.1982 issued under Section 6 of the Act. The Land Acquisition Collector (for short "the Collector") assessed the market value of the acquired land @ ` 20/- per square yard. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide award dated 19.02.1992 determined the market value of the acquired land @ ` 70/- per square yard.

Learned counsel for the landowners submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 2127 of 1992-Sham Lal Sharma v. State of Haryana , decided on 9.10.2013, whereby award of the learned court below assessing the compensation for the acquisition in question @ ` 70/- per square yard, was upheld.

SHARMILA 2015.08.27 17:07 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 1689 of 1992 Learned counsel for the State did not dispute the aforesaid fact. As in the appeals in hand, learned court below has awarded ` 70/- per square yard as compensation, nothing survives in the present appeals.

For the detailed reasons recorded in Sham Lal Sharma's case (supra), the present appeals are dismissed.

(RAJESH BINDAL) JUDGE 18.8.2015 sharmila SHARMILA 2015.08.27 17:07 I attest to the accuracy and authenticity of this document.

Chandigarh