State Of Haryana And ORS v. Anil Kumar Etc

RFA No. 1292 of 2015 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 1292 of 2015 (O&M) Date of decision :13.10.2015 State of Haryana and another ... Appellants vs Anil Kumar and another .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Mr. Anil Chawla, Advocate, for respondent No.6-HUDA in RFA No.1294 of 2015.

Rajesh Bindal, J.

This order will dispose of four appeals bearing RFA No.1292 to 1295 of 2014, as common questions of law and facts are involved therein. The State is in appeal seeking reduction of compensation for the acquired land. Along with the appeal, application seeking condonation of delay of 234 days in filing thereof, has also been filed. Briefly, the facts of the case are that State of Haryana vide notification dated 14.8.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in village Tikawali, Tehsil and District Faridabad for development and utilization thereof for Master Plan Roads of Sectors 75 to 89, Faridabad. The same was followed by notification dated 30.8.2008, issued under Section 6 of the Act.

The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 27.8.2010, assessed the market value of the acquired land @ ` 42,00,000/- per acre. Aggrieved against the award of the Collector, the landowners filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, assessed the compensation for the acquired land @ ` 1,118/- per square yard. The same has been impugned by the State before this Court. SHARMILA 2015.10.16 12:08 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 1292 of 2015 (2) Learned counsel for the State did not dispute the fact that the claim made in the present set of appeals is squarely covered by the judgment of this Court in RFA No. 7108 of 2012- Rampal and others v. Land Acquisition Collector and another, decided on 16.9.2015, whereby, compensation for the land acquired vide notification dated 14.8.2008 was further enhanced.

Since, this Court had already enhanced compensation for the land acquired vide notification dated 14.8.2008, nothing survives in the present appeals. Accordingly, for the reasons recorded in Rampal's case (supra), the present appeals are dismissed. Consequently, the accompanying applications are also dismissed.

13.10.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.10.16 12:08 I attest to the accuracy and authenticity of this document.

Chandigarh