State Of Haryana & ANR v. Chandu Lal & ORS

RFA No. 695 of 2000

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH RFA No.695 of 2000 (O&M) Date of Decision: 3.9.2015 State of Haryana and another ...Appellants

Versus

Chandu Lal and others .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Mr. Gaurav Aggarwal, Advocate, for the landowners in RFA No.3292 of 2001 RAJESH BINDAL, J.

This order will dispose of two appeals bearing RFA Nos.695 of 2000 and 3292 of 2001, as common questions of law and facts are involved therein.

The State is in appeals seeking reduction of compensation for the acquired land.

Briefly, the facts are that vide notification dated 21.3.1991, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana sought to acquire land in village Hisar, Tehsil and District Hisar, for development and utilisation thereof as residential Sector 16 and Parts of Sectors 11, 13, 15 and 17 at Hisar. Notification under Section 6 of the Act was issued on 18.3.1992. Vide award dated 16.3.1994, the Land Acquisition Collector (for short, the Collector") assessed the compensation for the acquired land @ ` 3,00,000/- per acre for category 'A'; ` 2,50,000/- per acre for category 'B' (abutting Railway Lines & Cremation ground); and ` 2,00,000/- per acre for category 'C' kinds of land. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned Court below vide award dated 15.11.1999 determined the market value of the SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 695 of 2000 acquired land @ ` 235/- per square yard. It is this award which is impugned in the present appeals by the State.

Learned counsel for the parties are agreed that the issue raised in the present appeals is squarely covered by judgment of this court in LPA No. 953 of 2000-- Partap Singh v. State of Haryana , decided on 11.1.2006, whereby compensation for the acquired land was uniformly assessed @ ` 235/- per square yard.

Accordingly, for the reasons mentioned in Partap Singh's case (supra), the present appeals are dismissed.

(RAJESH BINDAL) JUDGE 3.9.2015 sharmila SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh