R.F.A. No.2881 of 1993 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
R.F.A. No.2881 of 1993
Date of decision : 16.02.2009
Raj Kawar and others .....Appellants
Versus
State of Haryana and another ...Respondents
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: None for the appellants.
Mr. Jayender S. Chandail, Additional Advocate General,
Haryana for the respondents.
S. D. ANAND, J.
The land under reference, belonging to the appellants was
acquired by the Government of Haryana for a public purpose i.e. for the
development and and utilisation of land for setting up industry. Initially, the
notification (No. 33/44/88-4-Ib(i)-dated 10.7.1991 ) under Section 4 was
issued initially and it was followed by notification (No. 33/44/88-4-Ib(i)-
dated 20.2.1992) under Section 6 of the Land Acquisition Act (hereinafter
referred to as “the Act”). The Land Acquisition Collector, vide award No.4
dated 8.5.1992 determined the marke price of the land at the rate of
Rs.95,000/- per acre being the nehri type of land. The reference Court
enhanced the compensation awardable to the appellants to Rs.97,500/-.
The appellants are in appeal with a plea for enhancement of the
compensation.
None has entered appearance today to make a presentation
on behalf of the appellants.
It is apparent from a perusal of the impugned judgment that
R.F.A. No.2881 of 1993 -2-
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learned reference Court had discussed the evidence adduced by both the
parties to prove the market value of the acquired land. It held that the
registered sale deed Ex. P1 could not be taken into consideration as it
pertained to the year 1986; whereas land under reference had been
acquired in the year 1991. It further held that registered sale deeds Ex. P1
and Ex.P2 could not be taken into consideration as those pertained to the
land of different villages. While noticing the price at which land had been
sold vide registered sale deeds Ex. R/1 and Ex. R/3, learned reference
Court came to the conclusion that it would be appropriate to held that the
average price of the acquired land came to Rs.97,500/- per acre.
I have been through the record with the assistance of Mr.
Jayender S. Chandail, learned Additional Advocate General, Haryana to
find out if there is anything available on the file to justify the plea for
enhancement. I have not been able to locate any such material on the
record. It is apparent from the impugned order that the learned reference
Court had recorded an elaborate discussion in the context The approach
of the learned reference Court cannot be faulted with on any valid score.
In the light of the fore-going discussion, the appeal is held to
be denuded of merit. It shall stand dismissed.
February 16, 2009 (S. D. ANAND) Pka JUDGE
Note: Whether to be referred to Reporter : Yes/No