Mangey Ram And Another v. Hy.St.

RFA No. 761 of 1999 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 761 of 1999 (O&M) Date of decision :17.9.2015 Mange Ram and another ... Appellants vs State of Haryana .. Respondent Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. R.S. Sihota, Senior Advocate with Mr. B.R. Rana, Advocate, Mr. Anil K. Rana, Advocate, and Mr. Ram Bilas Gupta, Advocate, for the landowner(s). Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of a bunch of appeals bearing RFA Nos.761, 1447 to 1449, 1460, 2794 of 1999, 3686, 5438, 5736 of 2001, 470 to 472 of 2002, 95, 989, 2741 of 2003, 826 of 2009 and 7240 of 2013 and cross-objections No.3-CI of 2000 in RFA No.1447 of 1999, 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.

Briefly, the facts of the case are that State of Haryana vide notification dated 23.11.1992, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in villages Unchhagaon and Sihi, Tehsil Ballabgarh, District Faridabad for development and utilization thereof as residential and commercial Sector-2, Faridabad. The same was followed by notification dated 19.11.1993, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), assessed the market value of the acquired land of both the SHARMILA 2015.09.26 14:48 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 761 of 1999 (2) villages @ ` 3,50,000/- per acre. Aggrieved against the award of the Collector, the landowners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, assessed the compensation for the acquired land of both the villages @ ` 250/- per square yard. However, in nine appeals, while relying upon the judgment of this Court in RFA No.3502 of 1998, the value of the acquired land of village Unchagaon was assessed @ ` 291/- per square yard. These awards have been impugned by the landowners as well as by the State in the present set of appeals.

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. 3502 of 1998- Ved Parkash and others v. State of Haryana and another, decided on 26.8.1999, wherein compensation for the land acquired vide same notification was assessed @ ` 291/- per square yard.

Accordingly, for the reasons recorded in Ved Parkash 's (supra), the appeals filed by the State are dismissed and the appeals filed by the landowners are disposed of in the same terms. 17.9.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.09.26 14:48 I attest to the accuracy and authenticity of this document.

Chandigarh