In the High Court of Punjab and Haryana at Chandigarh
Civil Writ Petition No. 11651 of 2009
Date of Decision: August 26, 2009
Rakesh Kumar and another.
... Petitioners
Versus
State of Haryana and others.
... Respondents
Coram: Hon'ble Mr. Justice J.S. Khehar,
Hon'ble Mr. Justice S.D. Anand.
Present : Mr. Anil Kshetarpal, Advocate,
for the petitioners.
Mr. Ashish Kapoor, Addl. Advocate General, Haryana,
for the respondents.
J.S. Khehar, J. (Oral)
Written statement on behalf of respondent No.2 has been filed
in Court today. The same is taken on record, subject to all just exceptions.
Copy thereof has been furnished to the learned counsel for the petitioners.
Consequent upon the acquisition of the land, the Land
Acquisition Collector announced the award on 16.07.2007 concluding that
compensation payable to the land owners was to be determined on the basis
of the following parameters:-
"Prime Land Rs.24-lac per acre
Land falling in municipal limits Rs.20-lac per acre
Remaining land Rs.10-lac per acre"
Based on the aforesaid parameters, the land of the petitioners was treated as
remaining land and consequently, compensation was paid to the petitioners
CWP No. 11651 of 2009 2
at the rate of Rs.10 lacs per acre. The vehement contention of the learned
counsel for the petitioners before this Court was, that the acquired land
owned by the petitioners should have been treated as prime land for which
compensation was payable at the rate of Rs.24 lacs per acre. In paragraph
No.3 of the written statement filed on behalf of respondent No.2, it is
acknowledged, that the land of the petitioners ought to have been treated as
prime land, and as such, the petitioners ought to have been paid
compensation at the rate of Rs.24 lacs per acre.
In view of the above, the instant petition is allowed. The
respondents are directed to pay the petitioners compensation for the
acquired land at the rate of Rs.24 lacs per acre along with the other statutory
benefits available to them under the provisions of the Land Acquisition Act,
1894, within a period of three months from the date of receipt of the
certified copy of this order.
The instant writ petition stands allowed in the aforesaid terms.
( J.S. Khehar )
Judge
August 26, 2009 ( S.D. Anand )
vkd Judge