Gurnam Singh And ORS v. Commissioner & Sectt. To Govt. Hry Urban Dev

RFA No.3722 of 2011 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.3722 of 2011 (O&M) Date of decision: 26.8.2015 Gurnam Singh and others ..... Appellants

Versus

Commissioner and Secretary to Govt. of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Vipan Sharma, Advocate, for Mr. Surinder Mohan Sharma, Advocate and Mr. Bhag Singh, Advocate, for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of five appeals bearing RFA Nos.3722, 7834, 7835, 7865 of 2011 and 4312 of 2013, as common questions of law and facts are involved therein.

The landowners are before this Court seeking enhancement of compensation for the acquired land.

Brief facts of the case are that the State of Haryana vide notification dated 27.8.1997 published on 23.9.1997, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of villages Tundla, Hadbast No.46, Tundli, Hadbast No.47 and Janetpur, Hadbast No.45, Tehsil and District Ambala, for defence purposes. Notification under Section 6 of the Act was issued on 17.9.1998. The Land Acquisition Collector (for short, 'the Collector') vide awards dated 14.9.2000 assessed the market value of the acquired land of all the villages @ ` 2,20,000/- per acre for chahi and ` 1,70,000/- per acre for other kinds of land. The landowners feeling dissatisfied with the awards of the Collector, filed objections. Considering the material placed on record, the learned court below vide different awards, SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.3722 of 2011 -2determined the market value of the acquired land of all the villages @ ` 198/- per square yard. These awards have been impugned in the present set of appeals.

Learned counsel for the State submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court passed in RFA No.1318 of 2011-Estate Officer-cum-Deputy Commissioner and another v. Bhag Singh and another, decided on 8.7.2015, whereby value of the land acquired vide same notification was assessed @ `146/- per square yard.

Learned counsel for the landowners did not dispute the aforesaid fact.

Considering the aforesaid fact nothing survives in the present set of appeals. Accordingly, for the reasons recorded in Bhag Singh's case (supra), the present appeals are dismissed.

(RAJESH BINDAL) JUDGE 26.8.2015 sharmila SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.

Chandigarh