High Court of Punjab and HaryanaRFA/1744/2001disposed of

Chander Pal v. State Of Haryana

2015-09-02Mr. Justice Ramendra Jain2 pages

RFA No.1744 of 2001 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1744 of 2001 (O&M) Date of decision: 2.9.2015 Chander Pal and others ..... Appellants

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Rajesh Arora, Advocate and Mr. Sandeep Vermani, Advocate, for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of a bunch of appeals bearing RFA Nos.1744, 2466, 2990 to 2992, 3417, 3230 to 3233, 3392, 3448, 4350 of 2001, 321, 473, 474 of 2002, 1958, 1959, 2465 of 2005 and 1062 of 2013, 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 are that vide notification dated 8.5.1995 issued 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 villages Malerna and Unchagaon, Tehsil and District Faridabad, for development and utilisation thereof as transport, communication, commercial, residential and institutional for Sector-61, Faridabad. The Land Acquisition Collector (for short, 'the Collector') vide awards dated 30.4.1998 assessed compensation for the acquired land @ ` 1,50,000/- per acre for village Malerna and ` 4,00,000/- per acre for village Unchagaon. Dissatisfied with the awards of the Collector, the landowners filed objections. The learned court below vide different awards, determined the market value of the acquired land @ ` 400/- per square yard. Aggrieved against the awards of SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.1744 of 2001 -2learned Court below, the landowners as well the the State are before this Court.

Learned counsel for the landowners submitted that the claim made in the present set of appeals is squarely covered by judgment of this Court passed in RFA No.2501 of 2001-- Ved Pal and others v. State of Haryana and others, decided on 3.5.2006, whereby compensation for the acquired land was further enhanced.

Since this Court had further enhanced compensation for the acquired land in Ved Pal's case (supra), nothing survives in the appeals filed by the State. 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