R.F.A. No. 224 of 1989 [ 1]
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : September 04, 2008
1. R. F. A No. 224 of 1989 and
Cross-objection No. 81/CI of 1989
Haryana State
.. Appellant
v.
Amar Singh and another
.. Respondents
2. R. F. A No. 225 of 1989 and
Cross-objection No. 85/CI of 1989
Haryana State
.. Appellant
v.
Ramji Lal and others
.. Respondents
3. R. F. A No. 226 of 1989 and
Cross-objection No. 92/CI of 1989
Haryana State
.. Appellant
v.
Mohar Pal and another
.. Respondents
Present: Mr. Rajiv Kawatra, Senior Deputy Advocate General,
Haryana for the State of Haryana.
Mr. Bikram Chaudhary, Advocate for the
respondents- cross objectors.
Rajesh Bindal J.
This order will dispose of the above mentioned Regular First
Appeals bearing Nos. 224, 225 and 226 of 1989 and cross objections Nos. 81, 85
and 92/CI of 1989, as the same arise out of a common award of the learned Court
below. However, the facts have been extracted from R.F.A. No. 224 of 1989.
Briefly, the facts are that land measuring 3.91 acres in Village
Nangla Jogiyan, Hadbast No. 49, Tehsil Ballabgarh, District Faridabad, was
acquired vide notification dated 17.5.1979 issued under Section 4 of the Land
Acquisition Act, 1894 (for short, `the Act’) for construction of Nangla Jogiyan to
Bhanakpur road in Faridabad District, which was followed by notification under
Section 6 of the Act on 11.9.1970. The Collector gave award of Rs. 7,000/- per
acre for Nehri land. Aggrieved against the same, the land owners filed objections
R.F.A. No. 224 of 1989 [ 2]
which were referred to the learned Additional District Judge, Faridabad, where
keeping in view the material placed on record by the parties, he awarded
compensation at Rs. 10,000/- per acre.
Dissatisfied, the State filed appeals against the award of the learned
Court below for reduction in the amount of compensation, whereas the land
owners have filed cross-objections for further enhancement of the compensation
for the acquired land.
Heard learned counsel for the parties and perused the record.
None of the counsel for the parties has pointed out as to whether any
other appeal arising out of the same acquisition has been decided or is pending for
decision.
A perusal of the award shows that all what the land owners had
produced before the learned Court below in the evidence was copies of the sale
deeds, whereas the State produced copies of mutations and the corresponding sale
deeds. Relying upon the sale deed (Ex. R.4/A) produced by the State where 23
kanals 4 marlas of Nehri land situated in Village Nangla Jogiyan was sold for a
sum of Rs. 20,000/- on 18.12.1978, i.e., at the rate of Rs. 6896.55 paise per acre.
The learned Court below keeping in view the fact that the notification in question
was issued six months thereafter and also considering future potentiality of the
land determined the fair value of the land at Rs. 10,000/- per acre.
Keeping in view the fact that for fair assessment of compensation, no
material worth consideration was produced on record by the land owners and the
compensation as such has been assessed on the basis of evidence led by the State, I
do not find any justification to interfere in the award of the learned Court below.
Accordingly, the appeals as well as the cross objections are
dismissed.
(Rajesh Bindal)
Judge
September 04, 2008
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