High Court of Punjab and HaryanaRFA/951/2015disposed of

Lakhpat Rai v. State Of Haryana & ORS

2015-10-052 pages

RFA No. 951 of 2015 (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No. 951 of 2015 (O&M) Date of decision : 5.10.2015 Lakhpat Rai ... Appellant vs State of Haryana and others .. Respondent Coram:

Hon'ble Mr. Justice Rajesh Bindal

Present:

Mr. Harsh Garg, Advocate, for the appellant.

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

By filing the present appeal, the landowner is seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that the State of Haryana vide notification dated 8.1.2003 issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated within the revenue estate of Village Kheri Sakra, Hadbast No.17, Tehsil and District Kaithal, for extension of Pundri Drain No.1 from RD 55000 to 84412. Notification under Section 6 of the Act was issued on 2.12.2003. The Land Acquisition Collector (for short, 'the Collector') vide award dated 3.12.2004 assessed the market value of the acquired land @ ` 2,20,000/- per acre. Dissatisfied with the award of the Collector, the landowner filed objections. On reference, the learned court below vide award dated 22.10.2014 determined the market value of the acquired land @ ` 2,50,000/- per acre. Aggrieved against the award of learned Court below, the landowner is in appeal before this Court.

Learned counsel for the appellant submitted that the claim made in the present appeal is squarely covered by the judgment of this Court in RFA No.7214 of 2012-Janardhan v. State of Haryana and another, SHARMILA 2015.10.09 17:26 I attest to the accuracy and authenticity of this document.

Chandigarh

RFA No. 951 of 2015 (2) decided on 29.7.2015, whereby, compensation for the land acquired vide same notification was assessed @ ` 5,30,000/- per acre. Learned counsel for the State did not dispute the aforesaid factual position.

Accordingly, for the reasons recorded in Janardhan's case (supra), the present appeal is disposed of in the same terms. (Rajesh Bindal) Judge 5.10.2015 sharmila SHARMILA 2015.10.09 17:26 I attest to the accuracy and authenticity of this document.

Chandigarh