High Court of Punjab and HaryanaRFA/1874/2010disposed of

State Of Haryana v. Lalit Puri

2015-08-26Mr. Justice Ramendra Jain2 pages

RFA No.1874 of 2010 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.1874 of 2010 (O&M) Date of decision: 26.8.2015 State of Haryana and another ..... Appellants

Versus

Lalit Puri and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Mr. M.L. Sarin, Senior Advocate with Mr. Nitin Sarin and Mr. Ritesh Aggarwal, Advocates, Mr. Samuel Gill, Advocate for Mr. R.D. Bawa, Advocate, Mr. G.C. Shahpuri, Advocate, Mr. Vivek Aggarwal, Advocate for Mr. V.K. Gupta, Advocate, Mr. Rohtash Birtt, Advocate, for Mr. S.S. Dinarpur, Advocate, Mr. Shoaib Khan, Advocate, Mr. Munish Mittal, Advocate and Mr. Ashok Kumar Khubbar, Advocate, for the landowners. RAJESH BINDAL, J This order will dispose of a bunch of appeals bearing RFA Nos.1874 to 1914, 1966 to 1968, 2005 to 2008, 2022, 2078 to 2087, 2101 to 2103, 2250 to 2252, 2274, 2284, 2432, 2854, 3059, 3286, 3526 to 3531, 3565 to 3567, 4068, 4069, 4071, 4075, 4205 to 4208, 4463, 4464, 4555 to 4557, 4583, 4584, 4971, 5083 to 5086, 5474 of 2010; RFA Nos.266, 1292, 1716, 1727, 2312 of 2011;

RFA Nos.562, 563, 1609, 2545, 2546, 2610 to 2613 of 2012; RFA Nos.5450, 6140, 6344, 8176, 8632, 8688 to 8690, 9079 of 2014;

RFA No.1383 of 2015 and Cross-objections Nos.180-CI of 2010 in RFA No.1880 of 2010, 177-CI of 2010 in RFA No.1881 of 2010, 178-CI of 2010 in RFA No.1886 of 2010, 179-CI of 2010 in RFA No.1887 of 2010, 71-CI of 2011 in RFA No.1896 of 2010, 176-CI of 2010 in RFA No.1908 of 2010, 174-CI of 2010 in RFA No.1914 of 2010 and 21-CI of 2011 in RFA No.2022 of 2010.

SHARMILA 2015.09.22 10:28 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.1874 of 2010 -2as common questions of law and facts are involved therein. The State is in appeal seeking reduction in the amount of compensation awarded to the landowners, whereas, the landowners are in appeal and cross-objections seeking enhancement thereof. Briefly the facts are that vide notification dated 16.8.2001 issued under Section 4 of the Act, the State of Haryana sought to acquire land situated within the revenue estate of villages Gobindpura, Hadbast No.407 and Gobindpuri, Hadbast No.400, Tehsil Jagadhri, District Yamunanagar, for development and utilisation thereof as residential and commercial area for Sector 18, Part II of Urban Estate, Jagadhri, District Yamunanagar. The same was followed by notification issued under Section 6 of the Act on 14.8.2002.

The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 26.2.2004, assessed the market value of the acquired land @ ` 6,00,000/- per acre i.e. ` 124/- per square yard. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 18.11.2009, while relying upon the judgment of this Court enhanced the compensation. Learned counsel for the parties very fairly submitted that the claim made in the present set of appeals and cross-objections are squarely covered by judgment of this court in RFA No. 6 of 2008 State of Haryana vs Seema Rani and others decided on 8.12.2008, whereby value of the acquired land vide same notification was enhanced.

Accordingly, for the reasons recorded in Seema Rani's case (supra), the appeals filed by the State are dismissed and the appeals and cross-objections filed by the landowners are disposed of in the same terms. (RAJESH BINDAL) JUDGE 26.8.2015 sharmila SHARMILA 2015.09.22 10:28 I attest to the accuracy and authenticity of this document.

Chandigarh