Krishan And ORS. v. State Of Haryana And ORS.
RFA No. 5351 of 2013 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH RFA No. 5351 of 2013 (O&M) Date of decision : 4.11.2015 Krishan and others ... Appellants vs State of Haryana and others .. Respondents Coram:
Hon'ble Mr. Justice Rajesh Bindal
Present:
Mr. Ajit Malik, Advocate, Mr. Tushar Gautam, Advocate for Mr. Jasbir Mor, Advocate and Mr. Jashan Deep Singh Sandhu, Advocate for Mr. Sansar Kundu, Advocate, for the appellants. Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal, J.
This order will dispose of a bunch of appeals bearing RFA Nos. 5351, 5352 of 2013, 369, 4976, 5031 to 5033, 5368 to 5375, 6113, 6985, 7151 to 7162, 7684, 7706, 7711, 8510, 8640, 8643, 8808, 8858, 8994, 9078, 9688, 9717 of 2014, 2145 and 2146 of 2015, as common questions of law and facts are involved therein.
By filing the appeal, the landowners are seeking enhancement of compensation for the acquired land.
Briefly, the facts of the case are that vide notification issued on 31.12.2008, published on 13.1.2009, under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana sought to acquire land situated in villages Ludana, Bhambheva and Malsari Khera, Tehsil Safidon, District Jind, for construction of Jind-Gohana-Sonepat New Railway Line. It was followed by notification dated 4.2.2009 issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector') vide different awards, assessed compensation for the acquired SHARMILA 2015.11.16 15:19 I attest to the accuracy and authenticity of this document.
Chandigarh
RFA No. 5351 of 2013 (2) land of all the villages @ ` 8,00,000/- per acre. Dissatisfied with the awards of the Collector, the land owners filed objections. On reference under Section 18 of the Act, the learned court below, assessed the market value of the acquired land of different villages at different rates. These awards have been impugned before this court by the landowners. Learned counsel for the appellants submitted that the claim made in the present set of appeals is squarely covered by the judgment of this Court in RFA No.4918 of 2013-Ishwar Singh and others v. State of Haryana, decided on 20.10.2015, whereby compensation for the acquired land was enhanced to ` 10,52,000/- per acre and amount of damages awarded on account of severance was upheld.
Learned counsel for the State did not dispute the aforesaid factual position.
Accordingly, for the reasons recorded in Ishwar Singh's case (supra), the present appeals are disposed of in the same terms. (Rajesh Bindal) Judge 4.11.2015 sharmila SHARMILA 2015.11.16 15:19 I attest to the accuracy and authenticity of this document.
Chandigarh