In the High Court of Punjab & Haryana at Chandigarh
Civil Misc. No. 1898/CI of 2009 and
R. F. A No. 797 of 2009 (O&M)
Date of decision : 16.2.2009
State of Haryana and another ... Appellants
vs
Bachan Singh and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana. Rajesh Bindal J.
The State has approached this court through the present appeal for
reduction in the compensation.
Briefly, the facts are that vide notification dated 8.5.1995, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in Village Unchagaon, District Faridabad, for public
purpose namely for development and utilisation of land as institutional, residential
and commercial for Sector-61, Faridabad. The learned Land Acquisition Collector
(for short, “the Collector”), assessed the market value of the land at Rs. 4,00,000/-
per acre. Dissatisfied with the award of the Collector, the landowners/claimants
filed objections. The learned Additional District Judge, on reference under Section
18 of the Act, enhanced the compensation @ of Rs. 450/- per square yard, relying
on judgment of this court in R. F. A. No. 2501 of 2001- Ved Pal and others vs
State of Haryana and others, decided on 3.5.2006.
Learned counsel for the applicants/appellants very fairly submits that
the learned court below has assessed the compensation payable to the landowners
on account of acquisition of land relying upon judgment of this court in Ved Pal’s
case (supra). As the compensation has been assessed by the learned Reference
Court relying upon a judgment of this court, I do not find any merit in the present
appeal, accordingly the same is dismissed.
As the appeal itself is without any merit, I do not find any reason to
condone the delay of 293 days in filing the appeal. Accordingly, the application for
condonation of delay is also dismissed.
16.2.2009 ( Rajesh Bindal) vs. Judge