R.F.A. No.2152 of 1990 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: December 04, 2008
(1) R.F.A. No. 2152 of 1990
Kartar Singh (deceased) through LRs
... Appellants
v.
State of Haryana
.. Respondent
(2) R.F.A. No. 1863 of 1991
Satwant Singh
... Appellant
v.
The State of Haryana
.. Respondent
(3) R.F.A. No. 1864 of 1991
Satwant Singh
... Appellants
v.
The State of Haryana
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: None for the land owners.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana,
for the State.
Rajesh Bindal J.
This order will dispose of above mentioned three appeals, as the
same arise out of a common acquisition.
The land owners are in appeal before this Court against the award of
the learned court below seeking further enhancement of compensation for the
acquired land.
The facts have been noticed from R.F.A. No. 2152 of 1990.
Briefly, the facts are that land measuring 689 kanals and 17 marlas,
situated within the revenue estate of Village Atmadpur, Hadbust no. 127, Tehsil
Ballabgarh, District Faridabad was acquired vide notification dated 4.11.1977
R.F.A. No.2152 of 1990 [2]
issued under Section 4 of the Land Acquisition Act, 1894 (for short, `the Act’) for
development and utilisation as residential area in Sectors 31, 32, 35 and 36. The
same was followed by notification dated 1.11.1980 issued under Section 6 of the
Act. The Land Acquisition Collector (for short, `the Collector’) gave award of Rs.
40,000/- per acre. Aggrieved against the same, the land owners filed objections
which were referred to the learned District Judge, Faridabad, who keeping in
view the material placed on record by the parties, assessed the market value at Rs.
22/- per square yard.
Learned counsel for the State could not dispute the fact that vide
judgment dated 19.10.2005 in R.F.A. No. 363 of 1989 -Bhupal Singh and others
v. State of Haryana, this Court for acquisition of land vide notification of even date
and for the same purpose, i.e., for utilisation thereof as residential area of Sectors
31, 32, 35 and 36 by Haryana Urban Development Authority determined the fair
value at Rs. 50/- per square yard.
A perusal of the impugned award in the present case and the
judgment in Bhupal Singh’s case (supra) shows that acquisition was by the same
notification and for the same purpose, meaning thereby that the entire land was
situated in the vicinity. It is further evident that even the Reference Court had
determined the value of the land in both the set of cases at Rs. 22/- per square yard.
As this Court has already determined the value of the acquired land in the vicinity
by the same notification, I do not find any reason to deviate from the same.
Accordingly, for the detailed reasons recorded in Bhupal Singh’s case
(supra), value of the acquired land in the present set of appeals is determined at Rs.
50/- per square yards. The land owners shall also be entitled to all statutory
benefits available under the Act.
The appeals are allowed in the above terms.
(Rajesh Bindal)
Judge
4.12.2008
mk