High Court of Punjab and HaryanaRFA/5859/2015disposed of

Indra v. State Of Haryana & ORS

2015-11-172 pages

RFA No.5859 of 2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.12076-CI of 2015 and RFA No.5859 of 2015 (O&M) Date of decision: 17.11.2015 Smt. Indra ..... Appellant

Versus

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

Present:

Mr. Jagjot Singh, Advocate for Mr. Kunal Dawar, Advocate, for the appellant. Mr. Arun Beniwal, Deputy Advocate General, Haryana. RAJESH BINDAL, J By filing appeal, the landowner is seeking enhancement of compensation for the acquired land. Along with the appeal, an application seeking condonation of delay of 1,133 days in filing thereof has also been filed.

Briefly, the facts of the case are that vide notification dated 31.7.2006 issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act"), the State of Haryana sought to acquire land measuring 626 acres 31 kanals 15 marlas situated in the revenue estate of village Chandwali, Tehsil Ballabgarh, District Faridabad, for development of Industrial Model Township. The same was followed by notification dated 9.8.2007, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector') vide award No.5 dated 22.7.2008 assessed the market value of the acquired land @ ` 16,00,000/- per acre, later on which was enhanced to ` 26,00,000/- per acre. Dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below, vide award dated 28.3.2012 assessed the market value of the acquired land @ ` 1,053/-per square yard. It is this award, which is impugned by the landowner before this court. SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No.5859 of 2015 -2CM No. 12076-CI of 2015 After hearing learned counsel for the parties and considering the judgments of Hon'ble the Supreme Court in Imrat Lal and others vs Land Acquisition Collector and others 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs. vs Haryana State and others 2015 (2) RCR (Civil) 507, delay of 1,133 days in filing the appeal is condoned. However, for the period of delay, the applicant shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal. CM stands disposed of.

RFA No. 5859 of 2015 Learned counsel for the landowner submitted that claim made in the present appeal is squarely covered by the judgment of this court in R.F.A. No. 2075 of 2012 -Sohan Lal and another vs. The State of Haryana and others, decided on 3.9.2014, whereby, compensation for the acquired land was assessed @ ` 1,230/- per square yard. Learned counsel for the State did not dispute the aforesaid fact. Accordingly, for the reasons recorded in Sohan Lal's case (supra), the present appeal is disposed of in the same terms. However, the landowner shall not be entitled to interest for the period of delay in filing the appeal i.e. 1,133 days.

(RAJESH BINDAL) JUDGE 17.11.2015 sharmila SHARMILA 2015.11.26 15:40 I attest to the accuracy and authenticity of this document.

Chandigarh