State Of Haryana & ORS v. M/S Klj Developers Pvt Ltd & ORS

In the High Court of Punjab and Haryana, at Chandigarh Regular First Appeal No. 4447 of 2015 (O&M) Date of Decision: 05.10.2015 State of Haryana and Another ... Appellant(s)

Versus

M/s K.L.J. Developers Private Limited and Another ... Respondent(s)

CORAM:

Hon'ble Mr. Justice Rajesh Bindal.

Present:

Mr. Arun Beniwal, Deputy Advocate General, Haryana for the appellant(s).

Rajesh Bindal, J.

The State has filed the present appeal seeking reduction of compensation awarded to the landowners by the Reference Court. The brief facts of the case are that in pursuance to notification dated 7.2.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), followed by subsequent notification dated 6.2.2009, the appellant-State of Haryana acquired land situated in village Fajjupur Majra Neemka, Tehsil and District Faridabad for development and utilization thereof as residential and commercial areas for Sectors 76, 77 and 78, Faridabad. Vide award No. 2 dated 22.5.2012, the Land Acquisition Collector, Faridabad (for short "the Collector") assessed the market value of the above said land at the rate of ` 42,00,000/- per acre. Aggrieved against the said award, the DEEPAK KUMAR BHARDWAJ 2015.10.12 10:43 I attest to the accuracy and authenticity of this document

Regular First Appeal No. 4447 of 2015 (O&M) landowners filed objections seeking enhancement of compensation. The learned Additional District Judge, Faridabad, vide award dated 13.11.2014, awarded compensation to the landowners @ ` 1,052/- per square yard. Aggrieved by the said award, the State has filed the present appeal.

Learned counsel for the State did not dispute that in view of the judgment of this Court passed in Regular First Appeal No. 7108 of 2012 titled as Rampal and Others v. Land Acquisition Collector and Another, decided on 16.9.2015, vide which compensation of the land acquired, vide same notification was further enhanced, nothing survives in the present appeal.

Accordingly, the appeal is dismissed. Consequently, the accompanying applications are also dismissed. (Rajesh Bindal) Judge October 5, 2015 "DK"

DEEPAK KUMAR BHARDWAJ 2015.10.12 10:43 I attest to the accuracy and authenticity of this document