R. F. A No. 1633 of 1986 1
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 1633 of 1986 (O&M)
Date of decision : 22.9.2008
Ramji Lal and others ..... Appellants
vs
State of Haryana and another ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None for the appellants.
Mr. Rajiv Kawatra, Senior Deputy Advocate General, Haryana.
Rajesh Bindal J.
The landowners have filed the present appeal for further
enhancement of compensation.
Briefly, the facts are that vide notification dated 19.10.1978,
issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the
Act’), the State of Haryana acquired 1 kanals 2 marlas of land situated in the
revenue estate of Hissar, for public purpose namely for development and
utilisation of land as residential, commercial and Industrial area in Urban
Estate, Hissar. The Land Acquisition Collector vide his award dated
9.2.1982 assessed the market value of the land @ of Rs. 10/- per square yard
for the land measuring 16 marlas kept in category-A and Rs. 6/- per square
yard for 6 marlas of land kept in category-B. Dissatisfied with the award of
the Land Acquisition Collector, the appellants/landowners filed objections.
On reference under Section 18 of the Act, the learned court below vide
award dated 31.1.1986, determined the market value of the acquired land at
Rs. 23/- per square yard.
None has appeared for the appellants inspite of the fact that the
appeal is on Board for the last more than two weeks. As the appeal is more
than two decades old, the same was taken up for hearing.
A perusal of the record shows that the Land Acquisition
Collector while determining the fair value of the land relied upon its earlier
award pertaining to the land acquired vide notification dated 30.1.1973. It is
R. F. A No. 1633 of 1986 2
further evident that the State before the learned court below relied upon the
award (Ex. R-1) passed by the predecessor of the court below dated
4.10.1985 in the case of Jagat Singh and others vs Haryana State, where the
land was acquired vide notification dated 22.12.1978. In fact, these were
some portions of land which were acquired later on vide various
notifications though the location thereof is in large chunk of land acquired
vide notification dated 30.1.1973.
The award of the learned court below in the case of Jagat
Singh as was relied upon by the learned court below was subject matter of
L. P. A. No. 239 of 1995 – Jagat Singh Jain (deceased) through LRs. and
others vs Haryana State decided on 22.5.2006, whereby the value of the
land was assessed at Rs. 80/- per square yard.
For the reasons recorded in Jagat Singh Jain’s case (supra), the
value of the acquired land in the present appeal is also assessed at Rs. 80/-
per square yard. The appellants shall also be entitled to all statutory benefits
available under the Act.
The appeal is allowed in the above terms.
22.9.2008 ( Rajesh Bindal) vs. Judge