Hsidc (Now Hsiidc) v. Mahender & ORS
RFA No.2384 of 2012 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.2384 of 2012 (O&M) Date of decision: 28.8.2015 Haryana State Industrial Development Corporation and another ..... Appellants
Versus
Mahender and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present:
Mr. Rajesh Hooda, Advocate for HSIIDC.
Mr. Kul Bhushan Sharma, Advocate, Mr. Ravi Chaddha, Advocate, for Mr. Vikas Lochab, Advocate, Mr. Sameer S. Tiwari, Advocate for Mr. Deepender Singh, Advocate and Mr. Anil K. Rana, Advocate for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J This order will dispose of a bunch of appeals bearing RFA Nos.2384, 6155 of 2012, 289, 407, 408, 524, 2120, 2240 and 2331 of 2015 and cross-objections No.81-CI of 2013, as common questions of law and facts are involved therein.
The Haryana State Industrial & Infrastructure Development Corporation Limited (for short "the Corporation") is in appeals before this court against the award of the learned court below seeking reduction of compensation awarded to the landowners for the acquired land, whereas the landowners are in appeals and cross-objections seeking enhancement thereof.
Briefly, the facts of the case are that vide notification dated 31.7.2006 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Haryana sought to acquire land situated in the revenue estate of villages Mujeri, Machhgarh, Chandwali and Sotai, Tehsil SHARMILA 2015.09.02 15:47 I attest to the accuracy and authenticity of this document.
Chandigarh
RFA No.2384 of 2012 -2Ballabgarh, District Faridabad, for development of Industrial Model Township. The same was followed by notification dated 9.8.2007, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide different awards assessed the market value of the acquired land @ ` 16,00,000/- per acre, later on which was enhanced to ` 26,00,000/- per acre for all the villages. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below vide different awards assessed the market value of the acquired land of villages Mujeri, Machhgarh and Sotai @ ` 707/- per square yard and ` 1,053/-per square yard for village Chandwali. These awards have been impugned by the Corporation as well as the landowners before this Court.
Learned counsel for the landowners submitted that claim made in the present set of appeals is squarely covered by the judgment of this Court in R.F.A. No. 2075 of 2012 -Sohan Lal and another vs. The State of Haryana and others, decided on 3.9.2014, whereby, compensation for the acquired land was assessed @ ` 1,230/- per square yard for all the villages. Since this Court had further enhanced the compensation for the land acquired vide same notification in Sohan Lal's case (supra), the claim of the Corporation for reduction does not survive. Accordingly, for the reasons recorded in Sohan Lal's case (supra), the appeals filed by the Corporation are dismissed and the appeals and cross-objections filed by the landowners are disposed of in the same terms. (RAJESH BINDAL) JUDGE 28.8.2015 sharmila SHARMILA 2015.09.
02 15:47 I attest to the accuracy and authenticity of this document.
Chandigarh