Malkit Singh & ORS. v. State Of Haryana

RFA No.5366 of 2011 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.5366 of 2011 (O&M) Date of decision: 31.8.2015 Malkit Singh and others ..... Appellants

Versus

State of Haryana ......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Sushil K. Sharma, Advocate for Mr. M.L. Sharma, Advocate, Mr. Deepak Sharma, Advocate, Mr. Vikram Singh, Advocate for Mr. Bhag Singh, Advocate, Mr. Amit Jaiswal, Advocate and Mr. Sanjay Jain, Advocate, for the landowners. Mr. Randhir Singh, Additional Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of a bunch of appeals bearing RFA Nos. 5366 of 2011, 373, 3654, 9713 of 2014, 1387 and 2795 of 2015, 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 3.2.2000 published on 15.2.2000, 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 Janetpur, Hadbast No.45, Tundli, Hadbast No.47 and Tundla, Tehsil and District Ambala, for defence purposes. Notification under Section 6 of the Act was issued on 17.8.2000 published on 12.9.2000. The Land Acquisition Collector (for short, 'the Collector') vide awards dated 10.9.2001 assessed the market value of the acquired land of all the villages @ ` 2,40,000/- per acre for chahi and ` 1,80,000/- per acre for other kinds of land. The landowners feeling SHARMILA 2015.09.02 15:47 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.5366 of 2011 -2dissatisfied with the awards of the Collector, filed objections. Considering the material placed on record, the learned court below vide different awards, determined the market value of the acquired land of all the villages @ ` 198/- per square yard. However, in RFA No.9713 of 2014, vide award dated 11.9.2007, the reference court upheld the award of the Collector and dismissed the reference petition. These awards have been impugned in the present set of appeals.

Learned counsel for the parties are agreed that the claim made in the present appeals is squarely covered by the judgment of this Court passed in RFA No.1590 of 2011-Roshan Lal and another v. State of Haryana and another, decided on 8.7.2015, whereby compensation for the acquired land pertaining to the villages Tundla, Tundli and Janetpur, was assessed @ ` 198/- per square yard.

Considering the aforesaid fact, nothing survives in the present set of appeals except RFA No.9713 of 2014. Accordingly, for the reasons recorded in Roshan Lal's case (supra), RFA No.9713 of 2014 is disposed of in the same terms and the remaining appeals are dismissed. (RAJESH BINDAL) JUDGE 31.8.2015 sharmila SHARMILA 2015.09.02 15:47 I attest to the accuracy and authenticity of this document.

Chandigarh