In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 4172 of 2006 (O&M)
State of Haryana and another ..... Appellants
vs
Smt. Kamla Devi and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J.
The State has filed the present appeal before this court against the
award of the learned court below passed under Section 18 of the Land Acquisition
Act, 1894 (for short, ‘the Act’) seeking reduction in compensation for the acquired
land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 17.5.1990 issued under Section 4 of the Act, acquired the land
for development and utilisation thereof as residential and commercial area in
Sector 12 Sonepat. The Land Acquisition Collector assessed the market value of
the land at Rs. 2 lacs per acre. On reference under Section 18 of the Act, the
learned court below vide award dated 9.8.2004, determined the market value of the
acquired land @ Rs. 125/- per square yard for the land which falls on the back side
of the ECE Factory and on the left side of Sonepat-Bahalgarh Road (while going
from Sonepat towards National Highway No. 1) and Rs. 150/- for the land situated
on the right side of the Sonepat-Bahalgarh road.
Learned Assistant Advocate General very fairly conceded that the
claim made in the appeal is squarely covered by judgments of this court in R. F.
A. No. 1718 of 2001 Atam Parkash vs State of Haryana and others decided on
24.9.2007 and R. F. A. No. 431 of 2000 State of Haryana and another vs Jaipal
and another, decided on 1.12.2008, whereby the compensation was further
enhanced.
Since this court had further enhanced the compensation payable to
the landowners, the appeal filed by the State for reduction does not survive.
Accordingly, for the reasons recorded in above-mentioned judgments, the present
appeal is dismissed.
22.12.2008 ( Rajesh Bindal) vs. Judge