In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 472 of 1991 (O&M)
Date of decision : 13.2.2009
Sri Bhagwan and others ... Appellants
vs
State of Haryana .... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. C. B. Goel, Advocate, for the appellants.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This appeal has been filed by the landowners for further
enhancement of compensation
Briefly, the facts are that vide notification dated 15.9.1980, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in the revenue estate of Sohna, Tehsil and District
Gurgaon, for public purpose namely for construction of Bus-stand at Sohna. The
Land Acquisition Collector vide his award dated 3.5.1983 assessed the value of the
acquired land at Rs. 35,000/- per acre. Dissatisfied with the award of the Land
Acquisition Collector, the landowners/claimants filed objections. On reference
under Section 18 of the Act, the learned court below vide award dated 25.10.1990,
assessed the market value of the acquired land at Rs. 17/- per square yard.
Learned counsel for the appellants submitted that the claim of the
present appellants is squarely covered by the judgment in RFA No. 426 of 1991
Sham Lal and another vs Haryana State, decided on 19.11.2008, whereby this
court has upheld the award of the Reference Court granting compensation @ Rs.
17.60 paise per square yard.
Learned Assistant Advocate General, Haryana, does not dispute this
factual position.
For the reasons stated in Sham Lal’s case (supra), the amount of
compensation payable to the landowners in the present case is enhanced to Rs.
17.60 paise per square yard. The appellants shall also entitled to all the statutory
benefits available under the Act.
The appeal stands disposed of.
13.2.2009 ( Rajesh Bindal) vs. Judge