R. F. A No. 887 of 2003 ( 1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 887 of 2003 (O&M)
Date of decision : 4.12.2008
Ram Shankar and another ..... Appellants
vs
The State of Haryana and others ..... Respondents
Coram: Hon’ble Mr. Justice Rajesh Bindal
Present: Mr. R. A. Yadav, Advocate, for the appellants.
Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
Rajesh Bindal J.
The landowners are in appeal before this court against the
award of the learned court below passed under Section 18 of the Land
Acquisition Act, 1894 (for short, ‘the Act’) seeking enhancement of
compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide
notification dated 20.4.1990 issued under Section 4 of the Act, acquired the
land situated within the revenue estate of Villages Jharsa, Kanahai,
Bindapur, and Samaspur, Tehsil and District Gurgaon, for public purpose
namely for the development and utilisation of land as residential,
commercial, institutional and maintenance of open space area in Gurgaon.
The Land Acquisition Collector vide his award dated 23.3.1993 assessed the
market value of the land as under:-
Villages Jharsa
Chahi Rs. 4 lacs per acre
Magda Rs. 3.5 lacs per acre
Bhood Rs. 3 lacs per acre
Gair Mumkin Rs. 2.5 lacs per acre
Villages Bindapur, Samaspur and Kanahi
Chahi Rs. 1.5 lacs per acre
Magda Rs. 1.25 lacs per acre
Banjar and Gair mumkin Rs. 1 lac per acre
R. F. A No. 887 of 2003 ( 2)On reference under Section 18 of the Act, the learned court
below vide award dated 11.2.2000, while relying upon judgment of this
court in R.F.A. No. 583 of 1998 – State of Haryana and another vs Dilbagh
and others, decided on 3.6.1999 (Ex.P-1), determined the market value of
the acquired land at Rs. 212/- per square yard.
Learned counsel for the appellants/landowners very fairly
submitted that the issue raised in the present appeal is squarely covered by
the judgment of this court in Dilbagh’s case (supra).
Since the learned court below has awarded the compensation
for the acquisition of land on the basis of judgment of this court in Dilbagh’s
case (supra), the present appeal does not survive, accordingly, the same is
dismissed.
4.12.2008 ( Rajesh Bindal) vs. Judge