High Court of Punjab and HaryanaRFA/5276/2010dismissed

Nanu Ram & ANR. v. State Of Haryana & ORS.

2015-11-26Mr. Justice Ramendra Jain2 pages

RFA No. 5276 of 2010 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 5276 of 2010 (O&M) LAC No.54 of 2007 Date of decision :26.11.2015 Nanu Ram and another ... Appellants vs State of Haryana and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

None for the landowners.

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 are that vide notification dated 19.7.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land measuring 239.87 acres situated within the revenue estate of village Patti Gaddar, Hadbast No.19, Tehsil and District Kaithal, for development as residential and commercial Sector-18, Kaithal. The same was followed by notification issued under Section 6 of the Act dated 17.7.2003. The Land Acquisition Collector (for short, "the Collector") vide his award dated 16.7.2005 assessed the market value of the acquired land @ ` 5,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below vide award dated 30.3.2007 determined market value of the acquired land @ ` 350/- per square yard.

It is this award which has been impugned by the landowners before this court. A perusal of the impugned award shows that the landowners in the present case have been awarded compensation @ ` 350/- per square yard. This Court in RFA No. 2218 of 2007- Smt. Maya and others vs State SHARMILA 2015.12.05 16:20 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 5276 of 2010 (2) of Haryana and others, decided on 23.1.2012, had finally assessed compensation for the land acquired vide same notification @ ` 280/- per square yard. Hence, no case for enhancement of compensation has been made out.

In appeal bearing RFA No.3107 of 2010--State of Haryana and others v. Nannu Ram and others, filed by the State against the same impugned award in LAC No.54 of 2007, this Court vide order dated 23.1.2012 had reduced the amount of compensation from ` 350/- per square yard to ` 280/- per square yard.

Accordingly, the appeal is dismissed.

26.11.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.12.05 16:20 I attest to the accuracy and authenticity of this document.

Chandigarh