M/S Viraman Buildcon & Developers Pvt Ltd v. Land Acquisition Collector & ANR

RFA No. 6339 of 2015 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 6339 of 2015 (O&M) Date of decision : 17.11.2015 M/s Viraman Buildcon & Developers Private Limited ... Appellant vs Land Acquisition Collector-cum-Urban Estate and another .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Tapan Kumar Yadav, Advocate and Mr. Kul Bhushan Sharma, Advocate, for the appellant(s). Mr. Arun Beniwal, Deputy Advocate General, Haryana. Rajesh Bindal, J.

This order will dispose of a bunch of appeals bearing RFA Nos.6339, 6385, 6386, 6492, 6517, 6532 and 6534 of 2015, as common questions of law and facts are involved therein. The landowners are in appeals seeking enhancement of compensation for the acquired land.

Briefly, the facts of the case are that State of Haryana vide notification dated 7.2.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in villages Faridpur, Neemka, Fajjupur Majra Neemka and Bhatola, Tehsil and District Faridabad for development and utilization thereof as residential and commercial Sectors 76 to 78, Faridabad. The same was followed by notification dated 6.2.2009, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide different awards dated 4.2.2011, assessed the market value of the acquired land of all villages @ ` 42,00,000/- per acre. Aggrieved against the awards 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 all the villages @ ` 1,052/- per SHARMILA 2015.12.10 16:24 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 6339 of 2015 (2) square yard. The same 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 further enhanced.

Learned counsel for the State did not dispute the aforesaid factual position.

Accordingly, for the reasons recorded in Rampal's case (supra), the present appeals are disposed of in the same terms. 17.11.2015 (Rajesh Bindal) sharmila Judge SHARMILA 2015.12.10 16:24 I attest to the accuracy and authenticity of this document.

Chandigarh