High Court of Punjab and HaryanaRFA/1544/1994disposed of

Smt. Ram Rati v. State Of Haryana & Anothers

2015-08-31Mr. Justice Ramendra Jain2 pages

RFA No. 1544 of 1994 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 1544 of 1994 (O&M) Date of decision : 31.8.2015 Smt. Ram Rati ... Appellant vs The State of Haryana and others .. Respondent Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Mani Ram Verma, Advocate for the appellant in RFA No.1544 of 1994 and for the respondent in RFA No.1689 of 1994.

Mr. Shivendra Swaroop, Assistant Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of three appeals bearing RFA Nos.1544, 1689 of 1994 and 1421 of 1996, as common questions of law and facts are involved therein.

The landowner is in appeal seeking enhancement of compensation for the acquired land, whereas the State is in appeals seeking reduction thereof.

Briefly, the facts are that vide notification issued on 04.06.1986, under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana sought to acquire land in the revenue estate of Village Bhiwani Lohar, Tehsil and District Bhiwani, for development and utilization thereof as residential and commercial area. The Land Acquisition Collector (for short, the Collector") vide its award dated 10.11.1987 assessed the market value of the acquired land @ ` 57,500/- per acre for Nehri and ` 55,200/- per acre for Tal/Gair Mumkin/Banjar kinds of land. Dissatisfied with the award of the Collector, the landowner filed objections. On reference under Section 18 of the Act, the learned Court, vide awards dated 28.1.1994 and 12.1.1996, assessed the market value of the acquired land @ ` 125/- per square yard. These awards have been impugned by the landowner as well as by the State before this Court. Learned counsel for the parties are agreed that the claim made Sharmila Devi 2017.05.24 12:55 I attest to the accuracy and integrity of this document

RFA No. 1544 of 1994 (2) in the present set of appeals is squarely covered by the judgment of this court in RFA No.947 of 1994-Shanti Devi Vs. State of Haryana, decided on 18.02.1999, wherein the market value of the acquired land was assessed ` 125/- per square yard.

For the detailed reasons recorded in Shanti Devi's case (supra), the present appeals are dismissed.

31.8.2015 (Rajesh Bindal) sharmila Judge Sharmila Devi 2017.05.24 12:55 I attest to the accuracy and integrity of this document