In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2422 of 1990 (O&M)
Date of decision : 20.11.2008
Yadhishtar and Nakul ..... Appellants
vs
State of Haryana ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None for the appellants.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
The landowners are in 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 enhancement of compensation for the acquired
land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 13/16.11.1981 issued under Section 4 of the Act, acquired the
land situated in revenue estate of Village Carterpuri, District Gurgaon, for the
development and utilisation of land as residential-cum-commercial area for Sectors
21, 22, and 23 Gurgaon. The Land Acquisition Collector vide his award dated
2.5.1988 assessed the market value of the land at Rs. 50,000/- per acre for chahi,
Rs. 22,000/- per acre for magda and Rs. 7,000/- per acre for banjar kadim and gair
mumkin kind of land. On reference under Section 18 of the Act, the learned court
below vide award dated 17.8.1990, determined the market value of the acquired
land at Rs. 52.50 paise per square yard.
Learned Additional Advocate General very fairly submitted that the
claim made the appellants in the present appeal is squarely covered by the
judgment of this court in R. F. A. No. 779 of 1990 Munshi vs The Land
Acquisition Collector, Urban Estate, Haryana, decided on 1.5.1991, whereby the
compensation for the acquisition of land was enhanced to Rs. 54.60 paise per
square yard.
Accordingly for the reasons recorded in Munshi’s case (supra), the
present appeal is allowed in the same terms.
20.11.2008 ( Rajesh Bindal) vs. Judge