(O&M) Gopal Kishan v. Lac Kurukshetra

RFA No. 205 of 1995

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH RFA No.205 of 1995 (O&M) Date of Decision: 2.9.2015 Gopal Krishan and another ...Appellant

Versus

Land Acquisition Collector and another .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Deepak Saini, Advocate for Mr. Pritam Saini, Advocate, for the appellants. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J.

This order will dispose of a bunch of appeals bearing RFA Nos.205, 478, 1262 of 1995, 940, 941, 1631, 1635, 4145, 4146 of 1998 and 321 of 2001, as common questions of law and facts are involved therein. The landowners are in appeal seeking enhancement of compensation for the acquired land, whereas, the State is in appeal seeking reduction thereof.

Brief facts of the case are that vide notification dated 15.9.1987, issued under Section 4 of the Land Acquisition Act 1894 ( for short "the Act"), land situated in the area of village Darra-Kalan, Hadbast No.379, Tehsil Tahnesar, District Kurukshetra was sought to be acquired by the State of Haryana for land-scaping, roads, footpaths and various other development activities by the Kurukshetra Development Board. The Land Acquisition Collector (for short "the Collector"), vide his award dated 11.9.1990, assessed the market value of the acquired land @ ` 1,31,000/- per acre for Chahi and ` 32,150/- per acre for Gair Mumkin kind of land. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide different awards, determined the market value of the acquired land @ ` 2,70,816/- per acre (` 55.95 per square yard) for all kinds of land. SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 205 of 1995 These awards have been impugned by the landowners as well as by the State before this Court.

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 passed in RFA No. 151 of 1992, titled as Sucha Singh v. The State of Haryana and others , decided on 20.3.2008, whereby this Court assessed the market value of the acquired land @ ` 100/- per square yard. For the detailed reasons recorded in Sucha Singh 's case (supra), no case for reduction of compensation is made out. Accordingly, the appeals filed by the landowners are disposed of in the same terms and the appeals filed by the State are dismissed.

(RAJESH BINDAL) JUDGE 2.9.2015 sharmila SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh