Hanso & ORS v. State Of Haryana & ORS

RFA No. 3674 of 2014 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 3674 of 2014 (O&M) Date of decision :10.12.2015 Smt. Hanso and others ... Appellants vs State of Haryana and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Adish Gupta, Advocate, Mr. Chirag Kundu, Advocate, Mr. Tapan K. Yadav, Advocate and Mr. Gaurav Singla, Advocate, for the landowners. Ms. Vibha Tewari, Assistant Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of five appeals bearing RFA Nos.3674 of 2014, 6509, 6997, 7025 and 7031 of 2015, as common questions of law and facts are involved therein.

The landowners are in appeal seeking enhancement of compensation 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 Baselwa, Badoli, Bhupani and Badshahpur, 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 awards 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 of SHARMILA 2015.12.23 15:13 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 3674 of 2014 (2) village Baselwa @ ` 2,900/- per square yard and ` 1,118/- per square yard for villages Badoli, Bhupani and Badshahpur. These awards have 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 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 same notification was assessed. Learned counsel for the State did not dispute the aforesaid fact. Accordingly, for the reasons recorded in Rampal's case (supra), the appeals pertaining to villages Badoli, Bhupani and Badshahpur are disposed of in the same terms and appeal bearing RFA No. 6997 of 2015 pertaining to village Baselwa is dismissed.

10.12.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.12.23 15:13 I attest to the accuracy and authenticity of this document.

Chandigarh