In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2658 of 2001 (O&M)
Smt. Dinesh Kumari ... Appellant
vs
State of Haryana and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Adarsh Jain, Advocate, for the appellant.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowner is in appeal before this court for enhancement of
compensation for the acquisition of land.
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 Malerna, Tehsil Ballabgarh, District
Faridabad, for public purpose namely for development and utilisation of land as
Transport Communication and commercial, residential and institutional for Sector-
61, Faridabad. The Land Acquisition Collector (for short, “the Collector”) assessed
the market value of the land at Rs. 1,50,000/- per acre. 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
9.1.2001, determined the market value of the acquired land at Rs. 400/- per square
yard.
Learned counsel for the appellant submitted that the claim of the
appellant in the present appeal is squarely covered by the 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, whereby the compensation payable for acquisition of land for
Village Malerna, for Sectors-61, Faridabad, was enhanced to Rs. 450/- per square
yard.
Learned Assistant Advocate General, Haryana, does not dispute this
factual position.
For the detailed reasons recorded in Ved Pal’s case (supra), the
appeal is allowed in the same terms.
17.12.2008 ( Rajesh Bindal) vs. Judge