Hukam v. Land Acquisition Collector And ORS.

RFA No.3961 of 2011 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.3961 of 2011 (O&M) Date of decision: 19.8.2015 Hukam ..... Appellant

Versus

Land Acquisition Collector and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Rajiv Sharma, Advocate, for the appellant. Mr. Abhinash Jain, Assistant Advocate General, Haryana. RAJESH BINDAL, J By filing the appeal, the landowner is seeking enhancement of compensation for the acquired land.

Briefly the facts are that vide notification dated 29.8.1998 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") the State of Haryana sought to acquire land situated within the revenue estate of village Tigra, Tehsil and District Gurgaon, for development and utilisation thereof for Sector 57 and 57-A at Gurgaon. The same was followed by notification issued under Section 6 of the Act on 16.7.1999. The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 11.5.2001, assessed the market value of the acquired land @ ` 6,20,000/- per acre for Chahi; ` 5,50,000/- per acre for Allabarani land; ` 4,50,000/- per acre for Bhood; ` 4,20,000/- per acre for Banjar and ` 7,00,000/- per acre Gair Mumkin kind of land. Dissatisfied with the award of the Collector, the landowner filed objections.

On reference under Section 18 of the Act, the learned court below vide award dated 9.11.2009, determined the market value of the acquired land @ ` 717/- per square yard. Learned counsel for the appellant submitted that claim made in the present appeal is squarely covered by the judgment of this court in R.F.A. No. 1528 of 2009 -Smt. Santra Devi and others vs. The State of SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.3961 of 2011 -2Haryana and others, decided on 6.8.2013, whereby, compensation for the acquired land was assessed @ ` 1,596/- per square yard. Learned counsel for the State did not dispute the aforesaid fact. Accordingly, for the reasons recorded in Smt. Santra Devi's case (supra), the present appeal is disposed of in the same terms. (RAJESH BINDAL) JUDGE 19.8.2015 sharmila SHARMILA 2015.08.31 12:15 I attest to the accuracy and authenticity of this document.

Chandigarh