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High Court of Punjab and HaryanaRFA/335/2015dismissed

Chhote Lal Through Lrs And ORS v. State Of Haryana And ANR

2015-08-132 pages

RFA No.335 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RFA No.335 of 2015 (O&M) Date of decision: 13.8.2015 Chhote Lal (deceased) through LR and others ..... Appellants

Versus

The State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Aditya Jain, Advocate, for the landowners. Mr. Nilesh Bhardwaj, Deputy Advocate General, Punjab. RAJESH BINDAL, J The landowners are before this Court seeking enhancement of compensation for the acquired land.

Brief facts of the case are that the State of Haryana vide notification dated 16.12.1988, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of villages Khandsa, Kadipur and Naharpur Roopa, Tehsil and District Gurgaon, for development and utilisation thereof for industrial area Sector 37, Gurgaon. Notification under Section 6 of the Act was issued on 14.12.1989. The Land Acquisition Collector (for short, 'the Collector') vide award dated 12.12.1991 assessed the market value of the acquired land @ ` 1,50,000/- per acre for village Khandsa and ` 1,25,000/- per acre for villages Kadipur and Naharpur Roopa. The landowners feeling dissatisfied with the award of the Collector, filed objections.

Considering the material placed on record, the learned court below vide its award dated 18.4.2006, determined the market value of the land @ ` 7,22,500/- per acre irrespective of the nature of land. It is this award which is impugned in the present appeal. As the amount of compensation was awarded by the learned reference court in terms of the judgment of this Court in RFA No.59 of 1997 titled as Attar Singh and others v. State of Haryana, decided on SHARMILA 2015.08.18 12:51 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.335 of 2015 -213.5.1999 pertaining to the same acquisition, which attained finality, no case for further enhancement of compensation is made out. Accordingly, the appeal as well as the application seeking condonation of delay, are dismissed.

(RAJESH BINDAL) JUDGE 13.8.2015 sharmila SHARMILA 2015.08.18 12:51 I attest to the accuracy and authenticity of this document.

Chandigarh