In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2071 of 1992 (O&M)
Date of decision : 17.11.2008
State of Haryana ... Appellant
vs
Smt. Gayatri Devi .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Sanjay Mittal, Advocate.
Rajesh Bindal J.
The State has filed the present appeal seeking reduction in the
compensation for acquisition of land.
Briefly, the facts are that vide notification dated 31.7.1985, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in Village Dharuhera, for public purpose namely for the
development and utilisation thereof as residential -cum-commercial area of
Dharuhera. The Land Acquisition Collector vide his award dated 30.6.1988
assessed the market value of the acquired land at Rs. 60,000/- per acre for chahi,
and Rs. 35,000/- per acre for banjar qadim and gair mumkin 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 7.10.1991, determined the market value
of the acquired land at Rs. 60/- per square yard.
Learned State counsel very fairly submitted that the issue involved in
the present appeal is squarely covered by the Division Bench judgment of this
court in L. P. A. No. 369 of 1996 – Jai Pal Singh vs The State of Haryana and
another, decided on 5.2.1997, whereby the compensation payable for acquisition
of land was enhanced to Rs. 70/- per square yard.
For the detailed reasons recorded in Jai Pal Singh’s case (supra), the
appeal is dismissed.
17.11.2008 ( Rajesh Bindal) vs. Judge