High Court Punjab-Haryana High Court

Raj Kawar And Others vs State Of Haryana And Another on 16 February, 2009

Punjab-Haryana High Court
Raj Kawar And Others vs State Of Haryana And Another on 16 February, 2009
R.F.A. No.2881 of 1993                                    -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

                             R.F.A. No.2881 of 1993
                             Date of decision : 16.02.2009

Raj Kawar and others                                      .....Appellants

                             Versus
State of Haryana and another                              ...Respondents

CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present:     None for the appellants.

             Mr. Jayender S. Chandail, Additional Advocate General,
             Haryana for the respondents.

S. D. ANAND, J.

The land under reference, belonging to the appellants was

acquired by the Government of Haryana for a public purpose i.e. for the

development and and utilisation of land for setting up industry. Initially, the

notification (No. 33/44/88-4-Ib(i)-dated 10.7.1991 ) under Section 4 was

issued initially and it was followed by notification (No. 33/44/88-4-Ib(i)-

dated 20.2.1992) under Section 6 of the Land Acquisition Act (hereinafter

referred to as “the Act”). The Land Acquisition Collector, vide award No.4

dated 8.5.1992 determined the marke price of the land at the rate of

Rs.95,000/- per acre being the nehri type of land. The reference Court

enhanced the compensation awardable to the appellants to Rs.97,500/-.

The appellants are in appeal with a plea for enhancement of the

compensation.

None has entered appearance today to make a presentation

on behalf of the appellants.

It is apparent from a perusal of the impugned judgment that
R.F.A. No.2881 of 1993 -2-

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learned reference Court had discussed the evidence adduced by both the

parties to prove the market value of the acquired land. It held that the

registered sale deed Ex. P1 could not be taken into consideration as it

pertained to the year 1986; whereas land under reference had been

acquired in the year 1991. It further held that registered sale deeds Ex. P1

and Ex.P2 could not be taken into consideration as those pertained to the

land of different villages. While noticing the price at which land had been

sold vide registered sale deeds Ex. R/1 and Ex. R/3, learned reference

Court came to the conclusion that it would be appropriate to held that the

average price of the acquired land came to Rs.97,500/- per acre.

I have been through the record with the assistance of Mr.

Jayender S. Chandail, learned Additional Advocate General, Haryana to

find out if there is anything available on the file to justify the plea for

enhancement. I have not been able to locate any such material on the

record. It is apparent from the impugned order that the learned reference

Court had recorded an elaborate discussion in the context The approach

of the learned reference Court cannot be faulted with on any valid score.

In the light of the fore-going discussion, the appeal is held to

be denuded of merit. It shall stand dismissed.

February 16, 2009                                    (S. D. ANAND)
Pka                                                      JUDGE

Note: Whether to be referred to Reporter : Yes/No