Sunehri And ORS v. State Of Haryana & ANR

R. F. A No. 4454 of 2015 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH R.F.A No. 4454 of 2015 (O&M) Date of decision : 8.10.2015 Smt. Sunehri and others ..... Appellants vs State of Haryana and another .... Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. V.S. Punia, Advocate for the landowners.

Rajesh Bindal J.

The landowners are in appeal seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 1,670 days in filing thereof, has also been filed.

Briefly, the facts are that vide notification dated 23.08.2005, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), State of Haryana sought to acquire land measuring 19.85 acres situated within the revenue estate of village Naina, Hadbast No. 7, Tehsil and District Kaithal, for construction of BML Hansi Branch -Bhutana Branch Multi Purpose Link Channel from RD 156-262 off taking from RD 340300-L Bhakra Main Line. The same was followed by notification issued under Section 6 of the Act dated 19.9.2005. The Land Acquisition Collector (for short, "the Collector") vide his award dated 16.01.2006 assessed the market value of the acquired @ ` 5,00,000/- per acre. Dissatisfied with the award of the Collector, the landowners filed objections. On reference, the learned court below, vide award dated 3.8.2010 determined market value of the acquired land @ ` 7,50,000/- per acre. It is this award which is impugned by the landowners before this court.

SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.

Chandigarh

R. F. A No. 4454 of 2015 (2) Learned counsel for the landowners very fairy submitted that the claim made in the present appeal is squarely covered by judgment of this Court in RFA No. 1714 of 2009 State of Haryana and another vs Pala Ram and others, decided on 1.5.2012, whereby the award of the learned court below was upheld.

Accordingly, for the reasons recorded in Pala Ram 's case (supra), the present appeal is dismissed. Consequently, the accompanying applications are also dismissed.

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

Chandigarh