High Court of Punjab and HaryanaRFA/4774/2001disposed of

Madan Lal v. Hy State Etc

2015-10-31Mr. Justice Ramendra Jain2 pages

RFA No. 4774 of 2001 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.4774 of 2001 (O&M) Date of decision: 31.10.2015 Madan Lal ..... Appellant

Versus

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

Present:

None for the landowner(s).

Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of four appeals bearing RFA Nos. 4774 to 4777 of 2001, as common questions of law and facts are involved therein. However, the facts have been extracted from RFA No.4774 of 2001. By filing the appeal, the landowner is seeking enhancement of compensation for the acquired land.

Brief facts of the case are that the State of Haryana vide notification dated 10.2.1997, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of village Dabwali, Tehsil and District Sirsa, for construction of the sports complex. It was followed by notification under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award dated 10.11.1998 assessed the market value of the acquired land @ ` 2,75,000/- per acre for the land situated along with the National Highway upto the length of 100 meters and ` 2,50,000/- per acre for the land situated beyond 100 meters from the National Highway. The landowner feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below, upheld the award of the Collector. This award has been impugned by the landowner before this Court.

SHARMILA 2015.11.04 14:29 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 4774 of 2001 -2Learned counsel for the State pointed out that other appeals arising out of the same acquisition were decided by this Court vide detailed order passed in RFA No.850 of 2001- Satpal v. The State of Haryana and others, decided on 13.9.2006, whereby the matters were remanded back to the learned reference court. After remand of the cases, the learned reference court decided the cases afresh vide order dated 23.10.2007, wherein even the present cases were also decided afresh, as the award mentions the LAC number of these cases as well.

Considering the aforesaid fact, the present appeals shall also be treated as disposed of in terms of the earlier order passed by this Court in Satpal's case (supra) (RAJESH BINDAL) JUDGE 31.10.2015 sharmila SHARMILA 2015.11.04 14:29 I attest to the accuracy and authenticity of this document.

Chandigarh