In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 3258 of 1992 (O&M)
Date of decision 22.9.2008
Charan Singh and others ..... Appellants
vs
State of Haryana and another ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. V. D. Sharma, Advocate for
Mr. R. S. Tacoria, Advocate, for the appellants.
Mr. Deepak Girotra, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowners have approached this court through the present
appeal for further enhancement of the compensation awarded by the learned court
below.
Briefly, the facts are that vide notification dated 20.4.1983, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired 21.50 acres of land in the revenue estate of Bahadurgarh for
public purpose namely for development and utilisation of land as a residential and
commercial area in Sector-7, Bahadurgarh. The Land Acquisition Collector vide
his award dated 22.2.1987 assessed the market value of the land at Rs. 50,000/- per
acre for nehri/chahi, Rs. 30,000/- per acre for barani and Rs. 25,000/- per acre for
banjar kadim/gair mumkin kind of land. 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 19.8.1992,
determined the market value of the acquired land at Rs. 21/- per square yard.
Learned counsel for the appellants/claimants submitted that the claim made
by the appellants in the present appeals is squarely covered by the judgment of this
court in R.F.A. No. 996 of 1993 – Bhim Singh and others vs State of Haryana and
another, decided on 17.3.2008, whereby the compensation payable for acquisition
of land was assessed at Rs. 36/- per square yard.
Learned Assistant Advocate General appearing for the State did not
dispute this fact.
For the detailed reasons recorded in Bhim Singh’s case (supra), the
appeal is allowed in the same terms.
22.9.2008 ( Rajesh Bindal) vs. Judge