Hy.St. Ind. Dev. Corp And ORS. v. Ram Niwas And ORS.
R. F. A No. 2614 of 2005 (1)
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH RFA No. 2614 of 2005 (O&M) Date of decision : 27.8.2015 Haryana State Industrial Development Corporation Ltd. and another ..... Appellants vs Ram Niwas and others ..... Respondents Coram:
Hon'ble Mr. Justice Rajesh Bindal
Present:
None for the appellants in RFA No.2614 of 2005. Mr. Rajesh Hooda, Advocate, for Mr. Kamal Sehgal, Advocate, for the appellant(s) in RFA Nos.4612, 4613 of 2009 and 584 to 589 of 2010. Mr. B.K. Bagri, Advocate and Mr. Sanjay Vashisth, Advocate, for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal J .
This order will dispose a bunch of appeals bearing RFA Nos. 2614 of 2005, 1759 of 2006, 3570, 4612, 4613 of 2009, 433, 434, 584 to 589 of 2010 and 521 of 2015 and Cross-objections Nos.126-CI and 127-CI of 2010, as the same arise out of common acquisition. The Haryana State Industrial & Infrastructure Development Corporation Limited (for short 'the Corporation') is in appeals seeking reduction of compensation awarded to the landowners for the acquired land, whereas the landowners are seeking enhancement thereof. Briefly the facts are that vide notification dated 10.9.
1992 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 estates of villages Chirhara, Suthana, Rudh, Jalalpur and Jaliawas, Tehsil Bawal, District Rewari for setting up of Industrial Growth Centre at Bawal. The same was followed by notification dated 3.9.1993 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), awarded compensation for the acquired land of different villages at different rates. Dissatisfied with the award of the Collector, the landowners filed SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.
Chandigarh
R. F. A No. 2614 of 2005 (2) objections. On reference under Section 18 of the Act, the learned Court below determined the market value of the acquired land of different villages at different rates. Aggrieved against the awards of the learned court below, the Corporation as well as the landowners are in appeals before this Court. Learned counsel for the landowners submitted that the issue raised in the present set of appeals is squarely covered by judgment of Hon'ble the Supreme Court passed in Civil Appeal Nos.727-800 of 2015Omkar Singh and others v. State of Haryana and others, decided on 20.1.2015, whereby the compensation for the land acquired vide same notification was further enhanced.
Since Hon'ble the Supreme Court had further enhanced the compensation for the land acquired vide same notification in Omkar Singh's case (supra), the claim of the Corporation for reduction does not survive. Accordingly, for the reasons recorded in Omkar Singh' case (supra), the appeals filed by the Corporation are dismissed and the appeals filed by the landowners are disposed of in the same terms. (RAJESH BINDAL) JUDGE 27.8.2015 sharmila SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.
Chandigarh