R. F. A. No. 1240 of 2001 (1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 1240 of 2001 and
Cross-objection No. 105/CI of 2008 (O&M)
Date of decision : 18.2.2009
State of Haryana .... Appellant
vs
Vas Dev Rakhra ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Ram Pal Verma, Advocate for
Mr. Rajiv Sharma, Advocate, for the respondent.
Rajesh Bindal J.
The State has approached this court for reduction in
compensation whereas by filing cross-objection, the respondent has sought
enhancement thereof for the acquisition of land.
Briefly, the facts are that vide notification dated 10.6.1988,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the
Act’), the State of Haryana acquired land for the development and utilisation
of land as Industrial area in Sector-59 of Faridabad-Ballabgarh controlled
Area. The Land Acquisition Collector assessed the market value of the land
at Rs. 1,50,000/- per acre for gair mumkin talab. 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 18.10.2000, determined the market value of the
acquired land at Rs. 150/- per square yard.
Learned counsel for the parties are agreed that vide judgment
dated 19.11.2008 passed in R. F.A . No. 1329 of 1995 State of Haryana vs
Vijay Kumar, referring to an order order dated 4.8.2008 passed by Hon’ble
the Supreme Court in Civil Appeal No. 4819 of 2008 Rama Nand vs State
of Haryana, the impugned award of the learned court below was set aside
and the matter was remitted back to the learned Reference Court for fresh
consideration, in terms of the observations made therein.
R. F. A. No. 1240 of 2001 (2)
Accordingly for the reasons stated in the aforesaid orders, the impugned
award of the learned court below is set aside and the matter is remitted back
to the learned reference court for fresh consideration along with the cases
already remitted back .
The appeal and the cross-objections are disposed of. Parties
through their counsel are directed to appear before the learned District
Judge, Faridabad, on 21.3.2009 for further proceedings. The learned District
Judge may get the present reference tagged with the other cases pertaining
to the same acquisition.
18.2.2009 ( Rajesh Bindal) vs. Judge