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

Cross-Objection No.163-CI of 2015 in RFA No.943 of 2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross-Objections No.163-CI of 2015(O&M) in RFA No.943 of 2014 Date of decision: 20.10.2015 State of Haryana and another ..... Appellants

Versus

M/s Pushan Properties and Developers Pvt. Ltd. and another .....Cross-Objector/Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present:

Mr. Manoj Kumar Sood, Advocate, for the cross-objector/respondent No.1.

RAJESH BINDAL, J By filing the cross-objections, the landowner is seeking enhancement of compensation for the acquired land. Briefly, the facts of the case are that State of Haryana vide notification dated 14.8.2008, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') sought to acquire land situated in village Bhatola, Tehsil and District Faridabad for development and utilization thereof for Master Plan Roads of Sectors 75 to 89, Faridabad. The same was followed by notification dated 30.8.2008, issued under Section 6 of the Act. The Land Acquisition Collector (for short, 'the Collector'), vide his award dated 27.8.2010, assessed the market value of the acquired land @ ` 42,00,000/- per acre.

Aggrieved against the award of the Collector, the landowner 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 @ ` 1,118/- per square yard. It is this award which is impugned by the landowner by filing the crossobjections. The main appeal has already been decided by this Court on 16.9.2015. Though cross-objections were filed on 29.6.2015 prior to the arguments in the main appeal had been heard, however, the same were refiled and passed by the Registry only after the judgment had already been SHARMILA 2015.10.28 14:34 I attest to the accuracy and authenticity of this document.

Chandigarh

Cross-Objection No.163-CI of 2015 in RFA No.943 of 2014 -2delivered in the main appeal on 16.9.2015. The cross-objections initially filed were even not sufficiently stamped besides there being other objections. Hence, the cross-objections cannot be entertained at this stage. The cross-objections are dismissed. Consequently, the accompanying applications are also dismissed. (RAJESH BINDAL) JUDGE 20.10.2015 sharmila SHARMILA 2015.10.28 14:34 I attest to the accuracy and authenticity of this document.

Chandigarh