State Of Haryana And ORS v. Ram Pal And ORS

RFA No. 2015 of 2015 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 2015 of 2015 (O&M) Date of decision :8.10.2015 State of Haryana and another ... Appellants vs Ram Pal and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Mr. Abhilaksh Grover, Advocate, for respondent No.4 in RFA No.2015 of 2015.

Rajesh Bindal, J.

This order will dispose of two appeals bearing RFA Nos.2015 and 2024 of 2015, as common questions of law and facts are invovlved therein.

The State is in appeal seeking reduction in the amount of compensation awarded to the landowners for the acquired land. 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 villages Neemka and Khedi Kala, 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 awards dated 27.8.2010 and 9.8.2012, assessed the market value of the acquired land of both the villages @ ` 42,00,000/- per acre.

Aggrieved against the awards 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, vide different awards assessed the compensation for the acquired land of both villages @ ` SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 2015 of 2015 (2) 1,118/- per square yard. The same have been impugned by the State before this Court.

Learned counsel for the landowner(s) submitted that the claim made in the present 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. Learned counsel for the State did not dispute the aforesaid factual position.

Since this Court had already enhanced compensation for the land acquired vide same notification, 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.

8.10.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.

Chandigarh