Shyami v. State Of Haryana And ANR

RFA No. 7239 of 2013 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 7239 of 2013 (O&M) Date of decision :23.12.2015 Shyami ... Appellant vs State of Haryana and another .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Ram Bilas Gupta, Advocate, for the landowner. Ms. Vibha Tewari, Assistant Advocate General, Haryana. Rajesh Bindal, J.

The landowner is in appeal seeking enhancement of compensation for the acquired land.

Briefly, the facts of the case are that vide notification dated 7.9.1992, issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act'), State of Haryana sought to acquire 486.61 acres of land, situated in village Mewla Maharajpur, Tehsil and District Faridabad for development and utilization thereof as residential, commercial and institutional Sectors 44 and 47 at Faridabad. The same was followed by notification dated 17.9.1993, issued under Section 6 of the Act. The Land Acquisition Collector (for short, `the Collector'), vide his award No.9 dated 8.2.1995 assessed the market value of the acquired land @ ` 1,96,800/- per acre. Dissatisfied with the award of the Collector, the land owner filed objections. On reference under Section 18 of the Act, the learned court below, vide award dated 22.5.2013, assessed the market value of the acquired land @ ` 325/- per square yard. This award has been impugned by the landowner in the present appeal.

Learned counsel for the landowner did not dispute the fact that he has been granted compensation by the learned Reference Court in terms SHARMILA 2015.12.26 13:57 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 7239 of 2013 (2) of the judgment of Hon'ble the Supreme Court in Civil Appeal Nos.3279 -3287 of 2013-- Ashrafi and others v. State of Haryana and others, decided on 11.4.2013.

As the learned Reference Court had already awarded compensation for the acquired land in terms of the judgment of Hon'ble the Supreme Court in Ashrafi's case (supra), no case for enhancement is made out. The appeal is accordingly dismissed.

23.12.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.12.26 13:57 I attest to the accuracy and authenticity of this document.

Chandigarh