High Court of Punjab and HaryanaRFA/2109/2005disposed of

Ishwar Singh & ANR v. St Of Hry

2015-12-24Mr. Justice Viney Mittal2 pages

RFA No. 2109 of 2005 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 2109 of 2005 (O&M) Date of decision :24.12.2015 Ishwar Singh and another ... Appellants vs State of Haryana .. Respondent Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

None for the appellants.

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal, J.

The landowners are in appeal seeking enhancement of compensation for the acquired land.

Briefly, the facts of the case are that State of Haryana vide notification dated 20.4.1987, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in village Badkhal, Hadbast No. 6, Tehsil Ballabgarh, District Faridabad for development and utilization thereof as institutional Sector 48, Faridabad. The same was followed by notification dated 19.2.1988 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award No.1 dated 6.4.1989, assessed the market value of the acquired land @ ` 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 @ ` 90/- per square yard. The same has been impugned by the landowners before this Court in the present appeal.

Learned counsel for the State did not dispute the fact that the claim made in the present appeal is squarely covered by the judgment of this SHARMILA 2016.01.05 16:47 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 2109 of 2005 (2) Court in RFA No. 1015 of 1992- Chet Ram and others v. State of Haryana and others, decided on 16.3.2010, whereby compensation for the acquired land was assessed @ ` 200/- per square yard. Hon'ble the Supreme Court in Special Leave to Appeal (Civil) No.21449-51 of 2010-Chet Ram and others v. State of Haryana and others, decided on 9.8.2010, upheld the aforesaid award passed by this Court.

Accordingly, for the reasons recorded in Chet Ram ' s case (supra), the present appeal is disposed of in the same terms. As none appeared for the landowners, copy of the order be sent to them.

24.12.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2016.01.05 16:47 I attest to the accuracy and authenticity of this document.

Chandigarh