In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 723 of 2005 (O&M)
Devender Kishore .... Appellant
vs
State of Haryana and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R. A. Yadav, Advocate, for the appellant.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
The landowner has approached this court for enhancement of
compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 12.5.1995 issued under Section 4 of the Land Acquisition Act,
1894 (for short, “the Act”), acquired land forming part of Hadbast No. 38, in
revenue estate of Bahadurgarh, District Jhajjar, for development and utilisation as
residential and commercial area in Sector-9 and 9-A, Bahadurgarh. The Land
Acquisition Collector assessed the market value of the land at Rs. 6 lacs per acre
for the land situated on Bahadurgarh-Delhi road upto the depth of 3 acres, Rs. 2.50
lacs per acre for nehri and chahi and Rs. 2 lacs per acre for barani and other kinds
of land. The landowner/claimant feeling dissatisfied with the quantum of
compensation awarded by the Collector, filed objections. On reference under
Section 18 of the Act, the learned court below determined the market value of the
acquired land by granting increase of Rs. 50,000/- per acre in each category. It is
this award of the learned Reference Court which is impugned in the present
appeal.
Learned counsel for the appellant submitted that the issue involved in
the present appeal is squarely covered by the judgment of this court in R. F.A . No.
1 of 2006 State of Haryana and another vs Jagbir Singh and others, decided on
10.2.2009, whereby the compensation payable to the landowners has been further
enhanced.
Learned State counsel did not dispute this factual position.
For the reasons recorded in Jagbir Singh’s case, the present appeal is
allowed in the same terms.
13.2.2009 ( Rajesh Bindal) vs. Judge