RFA No.3263 of 2003 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.3263 of 2003 (O&M)
Date of decision: 10.11.2009
Manohar Lal ..Appellant
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present:- Mr.Animesh Sharma Advocate,
for the appellant.
Mr.Rajiv Kawatra, Sr.DAG, Haryana,
for the respondent.
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VINOD K. SHARMA,J. (Oral)
The appellant/land owner by way of this appeal has challenged
the award dated 22.2.2003 passed by the learned Additional District Judge,
Panipat on a reference made under section 18 of the Land Acquisition Act
(for short the Act).
The State of Haryana issued a notification under section 4 of
the Act on 23.2.1989 which was followed by notification under section 6 of
RFA No.3263 of 2003 2
the Act to acquire land belonging to the appellant for development and
utilization of land as residential and commercial area for Sector 13, Panipat.
The Land Acquisition Collector assessed the compensation at the rate of
Rs.2 lacs (Rupees two lacs only) per acre for Chahi, Rs.1.50,000/- (Rupees
one lac fifty thousand only) per acre for Gair Mumkin.
The appellants being dissatisfied with the award passed by the
Collector sought references under section 18 of the Act seeking
enhancement of compensation.
Learned reference court by placing reliance on the judgment of
this court in the case of Karnail Singh Vs. State of Haryana fixed the
market value at Rs.81/- (Rupees eighty one only) per square yard. The
appellant was also held entitled to statutory benefits like solatium and
interest etc. under section 23 (1-A), 23 (2) and 28 of the Act. Land owners
were also awarded costs of Rs.1100/-(Rupees one thousand and one
hundred only).
It is not disputed by the State of Haryana that the matter is
covered by the decision of this court in Review Application No.31-CI of
2007 in RFA No.1379 of 1994 titled Nand Lal & Ors. Vs. State of
Haryana & Anr.
The Division Bench of this court accepted the review petition
and assessed the market value of the acquired lane at Rs.139/- (Rupees one
hundred and thirty nine only) per square yard.
In view of Division Bench judgment of this court in the case of
Nand Lal & Ors. Vs. State of Haryana & Anr. (supra), this appeal is
RFA No.3263 of 2003 3
allowed. Compensation payable to the appellant is enhanced to Rs.139/-
(Rupees one hundred and thirty nine only) per square yard. The appellant, in
addition, would be entitled to statutory solatium and other benefits under
sections 23 (1-A), 23 (2) and 28 of the Act.
No costs.
(Vinod K.Sharma)
10.11.2009 Judge
rp