State Of Haryana v. Harbans Singh

RFA No. 4376 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH R.F.A. No. 4376 of 2015 (O&M) Date of decision: 8.10.2015 State of Haryana .. Appellant v.

Harbans Singh .. Respondent

CORAM:

HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal J.

In the appeal filed by the State, the prayer is for reduction of the amount of compensation awarded to the landowner by the learned Reference Court.

Briefly, the facts of the case are that State of Haryana vide notification dated 9.9.2005, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land measuring 0.14 acres, situated within the revenue estate of village Shahpur Hadbast No. 125, Tehsil and District Ambala for development and utilization thereof as residential, commercial and industrial area for Sector 10, 11 and 12 Part, Ambala Cantt. The same was followed by notification dated 2.6.2006 issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide award dated 30.10.2007, assessed the market value of the acquired land @ ` 8,00,000/- per acre.

Aggrieved against the award of the Collector, the land owner filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, assessed the market value of the acquired land @ ` 440/- per square yard. A perusal of the impugned award shows that the court below, while assessing the compensation pertaining to small area of land measuring SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 4376 of 2015 [2] 0.14 acres acquired for the purpose of development and utilization thereof as residential, commercial and industrial area for Sector 10, 11 and 12 Part, Ambala Cantt. placed reliance upon earlier award pertaining to acquisition of land for the aforesaid sectors and granted increase for the time gap. The said award of the Reference Court pertaining to acquisition of land for Sectors 10, 11, 12 Part, was upheld by this Court in RFA No. 2718 of 2011 -Dilbagh Singh and others v. State of Haryana, decided on 3.9.2015. Considering the aforesaid fact, I do not find any reason to interfere with the impugned award. Accordingly, the appeal as well as the accompanying applications are dismissed.

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

Chandigarh