Smt. Vidya Devi @ Vidya And Others vs State Of Haryana And Another on 24 September, 2008

           R. F. A No. 4659 of 2001                               1

           In the High Court of Punjab & Haryana at Chandigarh

                                             R. F. A No. 4659 of 2001 (O&M)

                                               Date of decision : 24.9.2008

Smt. Vidya Devi @ Vidya and others                          ..... Appellants
                                        vs
State of Haryana and another                                ..... Respondents

Coram: Hon’ble Mr. Justice Rajesh Bindal

Present: Mr. R. A. Yadav, Advocate, for the appellants.

Mr. H. S. Hooda, Advocate General, Haryana with
Mr. Rajiv Kawatra, Senior Deputy 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 22.3.1990 issued under Section 4 of the Act, acquired
688.93 acres land situated in revenue estate of Villages Islampur, Jharsa,
and Silokhra, Tehsil and District Gurgaon, for public purpose namely for
the development and utilisation of land as residential, commercial,
institutional and maintenance of open space area in Gurgaon. The Land
Acquisition Collector vide his award dated 16.3.1993 assessed the market
value of the land as under:-

Villages Jharsa and Silokhra
Chahi Rs. 4 lacs per acre
Magda Rs. 3.5 lacs per acre
Abi Rs. 3.5 lacs per acre
Banjar Rs. 2.5 lacs per acre
Gair Mumkin Rs. 2.5 lacs per acre
Village Islampur
Chahi Rs. 2.5 lacs per acre
Magda Rs. 2 lacs per acre
Banjar Rs. 1.5 lacs per acre
Gair Mumkin Rs. 1.5 lacs per acre
R. F. A No. 4659 of 2001 2

On reference under Section 18 of the Act, the learned court
below vide award dated 5.2.2000, while relying upon judgment of this court
in R.F.A. No. 944 of 1998 – Suraj Bhan and another vs State of Haryana
and others, decided on 13.5.1999, determined the market value of the
acquired land at Rs. 212/- per square yard i.e. Rs. 10,26,080/- per acre.

Learned counsel for the appellants/landowners very fairly
submitted that the issue raised in the present appeal is squarely covered by
the judgment of this court in Suraj Bhan’s case (supra).

Since the learned court below has awarded the compensation
for the acquisition of land on the basis of judgment of this court in Suraj
Bhan’s case (supra), the present appeal does not survive, accordingly, the
same is dismissed.

24.9.2008                                             ( Rajesh Bindal)
vs.                                                        Judge