In the High Court of Punjab & Haryana at Chandigarh
Civil Misc. No. 10252/CI of 2008 and
R. F. A No. 4981 of 2008 (O&M)
State of Haryana and another ..... Appellants
vs
Jasbir Singh and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Sachin Kapoor, Advocate for
Mr. Sikander Bakshi, Advocate, for respondents no. 2 and 3.
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 the compensation for the
acquired land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 21.12.1998 issued under Section 4 of the Act, acquired the land
for development and utilisation thereof as residential and commercial area in
Sector 3 Fatehabad. The Land Acquisition Collector assessed the market value of
the land at Rs. 4,00,000/- per acre. On reference under Section 18 of the Act, the
learned court below vide award dated 21.5.2008, determined the market value of
the acquired land @ Rs. 312/- per square yard.
Learned counsel for the parties very fairly conceded that the claim
made in the present appeal is squarely covered by n judgment of this court in
R. F. A. No. 69 of 2000 Ram Kumar (Advocate) vs State of Haryana and others
decided on 22.9.2008, whereby the compensation payable to the landowners was
further enhanced.
Since this court had further enhanced the compensation payable to
the landowners, the present appeal does not survive. Accordingly, for the detailed
reasons recorded in Ram Kumar’s case (supra), the appeal is dismissed.
As there is no merit in the appeal, I do not find any reason to
condone even the delay in filing appeal. The application is dismissed.
20.1.2009 ( Rajesh Bindal) vs. Judge