In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2089 of 1992 and
Cross-Objection No. 156/CI of 1999
Date of decision : 17.11.2008
State of Haryana ... Appellant
vs
Amar Singh and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Sanjay Mittal, Advocate, for the respondents.
Rajesh Bindal J.
The State has filed the present appeal seeking reduction in the
compensation whereas the landowners have approached this court through the
cross-objection seeking enhancement of compensation.
Briefly, the facts are that vide notification dated 31.7.1985, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in Village Dharuhera, for public purpose namely for the
development and utilisation thereof as residential -cum-commercial area of
Dharuhera. The Land Acquisition Collector vide his award dated 30.6.1988
assessed the market value of the acquired land at Rs. 60,000/- per acre for chahi,
and Rs. 35,000/- per acre for banjar qadim and gair mumkin kind of land.
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 7.10.1991, determined the market value
of the acquired land at Rs. 60/- per square yard.
Learned counsel for the landowners/respondents submitted that the
issue involved in the present appeal is squarely covered by the Division Bench
judgment of this court in L. P. A. No. 369 of 1996 – Jai Pal Singh vs The State of
Haryana and another, decided on 5.2.1997, whereby the compensation payable for
acquisition of land was enhanced to Rs. 70/- per square yard.
Learned Assistant Advocate General, Haryana, does not dispute this
fact.
For the detailed reasons recorded in Jai Pal Singh’s case (supra), the
appeal filed by the State is dismissed and the cross-objection filed by the
landowners/respondents is allowed in the same terms.
17.11.2008 ( Rajesh Bindal) vs. Judge