State Of Haryana v. Krishan Kanhiya

RFA No. 5120 of 2001 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 5120 of 2001 (O&M) Date of decision : 6.11.2015 State of Haryana and another ... Appellants vs Krishan Kanihya and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Mr. Kush Makkar, Advocate for Mr. Ashwani Talwar, Advocate and Mr. Vinod Kumar, Advocate for Mr. Harkesh Manuja, Advocate, for the landowners. Rajesh Bindal, J.

This order will dispose of four appeals bearing RFA Nos. 5120 of 2001, 921, 1462 and 3195 of 2002, as common questions of law and facts are involved therein.

By filing the appeals, the State is seeking reduction of compensation awarded for the acquired land.

Briefly, the facts of the case are that vide notification dated 2.3.1993, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), land situated in villages Nizampur, Sarai Bachhra, Ugra Kheri, Taraf Afghan, Malik Ugra Kheri, Azizulapur, Patti Maqdum Jagdan, Patti Taraf Insar and Faridpur, Tehsil and District Panipat was acquired by the State of Haryana for residential and commercial Sectors 18 and 24, at Panipat. The same was followed by notification dated 1.3.1994, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector'), assessed the market value of the acquired land of different villages at different rates. Dissatisfied with the awards of the Collector, the SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 5120 of 2001 (2) land owners filed objections. On reference under Section 18 of the Act, the learned court below assessed the market value of the acquired land of different villages at different rates. These awards have been impugned in the present set of appeals by the State.

Learned counsel for the parties submitted that the issues raised in the present set of appeals are squarely covered by judgment of this court in RFA No. 4778 of 2001-- Daljeet Singh v. State of Haryana and another , decided on 3.2.2010, whereby compensation for the acquired land was further enhanced.

Accordingly, for the reasons mentioned in Daljeet Singh 's case (supra), the present set of appeals filed by the State seeking reduction of compensation, are dismissed.

(Rajesh Bindal) Judge 6.11.2015 sharmila SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document.

Chandigarh