Sardara And ORS. v. State Of Hry. And ORS.

RFA No.1811 of 2006 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1811 of 2006 (O&M) Date of decision: 2.9.2015 Sardara and others ..... Appellants

Versus

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

Present:

Mr. S.S. Dinarpur, Advocate, for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of three appeals bearing RFA Nos.1811, 1340 and 1341 of 2006, as common questions of law and facts are involved therein.

By filing appeal, the landowners are seeking enhancement of compensation, whereas by filing appeals, the State is seeking reduction thereof.

Briefly, the facts of the case are that vide notification dated 11.5.2001, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire 1.38 acres of land, situated in village Garhi Mundon Hadbast No. 408 and 12.36 acres of land, situated in village Tejli Hadbast No. 409, Tehsil Jagadhri, District Yamuna Nagar for construction of road in Sector 15, Jagadhri. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 14.3.2002, assessed the market value of the land @ ` 6,00,000/- 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, vide award dated 4.1.2006, determined the value of the acquired land @ ` 225/- per square yard. This award has been challenged by the landowners as well as State in the present set of appeals. Learned counsel for the landowners submitted that the issue SHARMILA 2015.09.14 18:04 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.1811 of 2006 -2raised in the present set of appeals is squarely covered by the judgment of this Court in RFA No.2061 of 2005-- Mani Ram and others v. Land Acquisition Collector and another, decided on 8.5.2015, whereby compensation for the land acquired vide same notification was further enhanced to ` 2,300/- per square yard.

Since, this Court had further enhanced compensation for the acquired land in Mani Ram's case (supra), nothing survives in the appeals filed by the State. Accordingly, the appeal filed by the landowners is 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