High Court of Punjab and HaryanaRFA/2300/2014disposed of

Ran Singh And ORS v. State Of Haryana And ORS

2015-09-01Mr. Justice Rajesh Bindal2 pages

RFA No. 2300 of 2014 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 2300 of 2014 (O&M) Date of decision : 1.9.2015 Ran Singh and others ... Appellants vs State of Haryana and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Aditya Jain, Advocate and Mr. Mohd. Shameem, Advocate, for Mr. Sandeep Sharma, Advocate, for the landowners. Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of four appeals bearing RFA No.2300, 3346, 3347 and 5220 of 2014, as common questions of law and facts are involved therein.

The landowners are in appeals seeking enhancement of compensation for the acquired land.

Briefly, the facts are that vide notification dated 15.11.2002, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land measuring 110 bighas, 9 biswas, 18.5 biswansi, situated within the revenue estate of village Khandsa, 69 acres, 4 kanals, 4 marlas land of village Narsinghpur, 157 acres, 1 kanal, 16.62 marlas land of village Begumpur Khatola for public purposes i.e. for development of integrated complex for industrial, institutional, commercial, recreational and other public utilities in villages Khandsa, Narsingpur and Begampur Khatola for IMT Manesar. Notification under Section 6 of the Act was issued on 12.11.2003. The Land Acquisition Collector (for short, "the Collector") vide award dated 18.11.2005 assessed the market value of the acquired land @ ` 15,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned SHARMILA 2015.09.04 16:56 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 2300 of 2014 (2) court below, vide award dated 18.11.2013 while relying upon award of the nearby acquired land, determined the fair market value of the acquired land @ ` 40,09,688/- per acre. It is this award which has been impugned by the landowners before this court.

Learned counsel for the landowners submitted that the claim made in the present set of appeals is squarely covered with the judgment of this court passed in RFA No. 5378 of 2013-Ram Niwas and others Vs.

Sub Divisional Officer and others, decided on 23.9.2014, whereby, compensation for the land acquired vide same notification was assessed @ ` 57,08,000/- per acre.

Learned counsel for the State did not dispute the aforesaid fact. For the detailed reasons recorded in Ram Niwas's case (supra), the present appeals are disposed of in the same terms. 1.9.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.09.04 16:56 I attest to the accuracy and authenticity of this document.

Chandigarh