Parath Singh And ORS v. State Of Haryana And ORS

RFA No. 2060 of 2012 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 2060 of 2012 (O&M) Date of decision :21.10.2015 Parath Singh and others ... Appellants vs State of Haryana and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. B.K. Bagri, Advocate and Mr. R.D. Yadav, Advocate, for the appellants. Ms. Vibha Tewari, Assistant Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of three appeals bearing RFA Nos.2060, 2061 of 2012 and 5635 of 2015, as common questions of law and facts are involved therein.

The landowners are in appeal seeking enhancement of compensation for the acquired land.

Briefly, the facts of the case are that vide notification dated 26.3.2007, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), land measuring 10.839 acres, situated in the revenue estate of villages Nandram Pur Bass and Alawalpur, Tehsil and District Rewari, was acquired for constructing Nand Ram Pur Bas Distributory. The same was followed by notification dated 4.4.2007, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector'), vide his award dated 1.10.2007, assessed the market value of the acquired land @ ` 16,00,000/- per acre. Dissatisfied with the award of the Collector, the land owners filed objections. On reference, the learned court below, vide award dated 8.4.2011, determined the value of the acquired land @ ` 20,00,000/- per acre. It is this award which is impugned by the landowners before this SHARMILA 2015.10.29 11:42 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 2060 of 2012 (2) court.

Learned counsel for the appellants very fairly submitted that the issue raised in the present set of appeals is squarely covered by judgment of this Court in RFA No. 1427 of 2011- State of Haryana and others vs Rampat and others, decided on 12.3.2012, whereby the award of the learned court below assessing compensation @ ` 20,00,000/- per acre pertaining to the land of village Nandram Pur Bass, was upheld and for the land pertaining to village Alawalpur, the compensation was enhanced to ` 25,00,000/- per acre.

Learned counsel for the State did not dispute the aforesaid factual position.

Accordingly, for the reasons recorded in Rampat's case (supra), the appeals pertaining to village Nandram Pur Bass are dismissed and the appeal pertaining to village Alawalpur is disposed of in the same terms. 21.10.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.10.29 11:42 I attest to the accuracy and authenticity of this document.

Chandigarh