In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 787 of 2000 (O&M)
State of Haryana and another ... Appellants
vs
Misri Devi and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana. Rajesh Bindal J.
The State has approached this court for reduction in the
compensation for the acquired land.
Briefly, the facts are that vide notification dated 21.3.1991, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land situated within the revenue estate of Hisar, for the
development and utilisation thereof as residential in Sectors 11, 13, 15 and 17 of
Hisar. The Land Acquisition Collector (for short, “the Collector”) assessed the
market value of the acquired land in the following terms:-
Category of land Rate awarded per acre Equivalent price
per square yard
Category -A land Rs. 3,00,000/- Rs. 61.98 paise
Category -B land (abutting Rs. 2,50,000/- Rs. 51.65 paise
railway lines & cremation
ground)
Category -C land Rs. 2,00,000/- Rs. 41.32 paiseDissatisfied 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 17.12.1999, determined the market value
of the acquired land at Rs. 200/- per square yard.
Learned Additional Advocate General very fairly submitted that the
issue involved in the present appeal is squarely covered by Division Bench
judgment of this court in L. P. A. No. 953 of 2000 – Partap Singh vs The State of
Haryana, decided on 11.1.2006, vide which the compensation payable for the
acquired land was enhanced to Rs. 235/- per square yard.
As the compensation payable to the landowners was further
increased by this court, the claim made in the present appeal for reduction does not
survive. Accordingly, for the reasons recorded in Partap Singh’s case (supra), the
appeal is dismissed.
10.12.2008 ( Rajesh Bindal) vs. Judge