High Court Punjab-Haryana High Court

M/S Anurag Construction Company … vs State Of Haryana on 22 September, 2008

Punjab-Haryana High Court
M/S Anurag Construction Company … vs State Of Haryana on 22 September, 2008
              R. F. A No. 1148 of 1988                                      1



             In the High Court of Punjab & Haryana at Chandigarh

                                               R. F. A No. 1148 of 1988 (O&M)

                                                        Date of decision : 22.9.2008


M/s Anurag Construction Company (P) Limited                          ..... Appellant
                                       vs
State of Haryana                                                     ... Respondent
Coram:        Hon'ble Mr. Justice Rajesh Bindal


Present:      None for the appellants.

Mr. Rajiv Kawatra, Senior Deputy Advocate General, Haryana.

Rajesh Bindal J.

The landowner has approached this court for further
enhancement of the compensation awarded by the learned court below.

Briefly, the facts are that vide notification dated 19.9.1983,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the
Act’), the State of Haryana acquired land situated within the revenue limits
of Village Sarhaul, Tehsil and District Gurgaon. The Land Acquisition
Collector assessed the market value of the land at Rs. 85,000/- 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 7.6.1988, determined the
market value of the acquired land at Rs. 2,36,698/- per acre.

Issue regarding determination of compensation on account of
acquisition of land in Village Sarhaul vide notification dated 19.9.1983 has
already gone into by this court in R. F. A. No. 803 of 1989- Prithi Singh
(deceased) through LRs. and others vs The Land Acquisition
Collector,Urban Estates, Panchkula, decided on 3.12.2003, wherein while
granting increase for the time gap in the two notifications for same village
i.e. dated 6.7.1981 and 19.9.1983 in the present case, the value of the land
was determined at Rs.64/- per square yard.

R. F. A No. 1148 of 1988 2

For the detailed reasons recorded in Prithi Singh’s case (supra),
the value of the acquired land in the present case is determined at Rs. 64/-
per square yard. The appellant shall also be entitled to all statutory benefits
under the Act.

The appeal is disposed of in the above terms.

22.9.2008                                             ( Rajesh Bindal)
vs.                                                        Judge