In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 25 of 1992 (O&M)
Date of decision : 6.11.2008
Kanwal Singh Sethi ... Appellants
vs
State of Haryana .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amit Jain, Advocate, for the appellant.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
The landowner has approached this court through the present appeal
seeking enhancement of compensation.
Briefly, the facts are that vide notification dated 13.11.1981, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in Village Mulahera, Tehsil and District Gurgaon, for
public purpose namely for the development and utilisation thereof as residential
-cum-commercial area for Sectors-21, 22 and 23 Gurgaon. The Land Acquisition
Collector vide his award dated 26.3.1984 assessed the market value of the acquired
land at Rs. 50,000/- per acre for chahi, and Rs. 22,000/- per acre for albarani and
magda kind of land. Dissatisfied with the award of the Land Acquisition
Collector, the landowners/claimants filed objections. On reference under Section
18 of the Act, the learned court below vide award dated 5.9.1991, determined the
market value of the acquired land at Rs. 52.50 paise per square yard.
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.
779 of 1990 – Munshi vs The Land Acquisition Collector, Urban Estate, Haryana,
Gurgaon, decided on 1.5.1991, whereby the compensation payable for acquisition
of land was enhanced to Rs. 54.60 paise per square yard. The fact is not disputed
by the learned counsel for the State.
For the detailed reasons recorded in Munshi’s case (supra), the appeal
is allowed in the same terms.
6.11.2008 ( Rajesh Bindal) vs. Judge