R.F.A. No. 1959 of 1988 [Page numbers]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R.F.A. No. 1959 of 1988
Date of decision: October 31, 2008
Tek Chand and others
.. Appellants
v.
Haryana State and another
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None for the appellants.
Mr. Lokesh Sinhal, Additional Advocate General,
Haryana for the respondents.
Rajesh Bindal J.
The land owners are in appeal against the award of the learned
Court below seeking enhancement in compensation on account of
acquisition of land.
Briefly, the facts are that land measuring 15.99 acres situated in
Village Gudha, Tehsil and District Mahendergarh was acquired vide
notification dated 14.8.1978 issued under Section 4 of the Land Acquisition
Act, 1894 (for short, `the Act’) for construction of Nagal Distributory. The
same was followed by notification dated 16.8.1978 issued under Section 6
of the Act. The Land Acquisition Collector (for short, `the Collector’)
assessed the value of the acquired land at Rs. 7,500/- per acre for barani
land; Rs. 5,500/- per acre for bhud land and Rs. 400/- per acre for banjar
land. To the value so assessed by the Collector, the appellants filed
objections which were referred to the learned Additional District Judge,
Narnaul, who keeping in view the material placed on record by the parties,
awarded Rs. 9,500/- per acre for the acquired land.
A perusal of the impugned award shows that all what the land
owners produced in evidence was copies of mutation, which as such could
not be considered for the purpose of determination of fair value of the land.
Still, the learned Court below assessed the value of the land @ Rs. 9,500/-
R.F.A. No. 1959 of 1988 [Page numbers]
per acre, which was acquired way back on 14.8.1978.
In the absence of any evidence, prima facie no case for further
enhancement is made out. However, as the counsel for the appellants is not
present, the appeal is dismissed for non-prosecution.
(Rajesh Bindal)
Judge
October 31, 2008
mk