In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 169 of 1989 (O&M)
Date of decision : 22.9.2008.
State of Haryana ..... Appellant
vs
Smt. Dhanni Devi and another ... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Rajiv Kawatra, Senior Deputy Advocate General, Haryana. Rajesh Bindal J.
The State has approached this court through the present appeal for
reduction in the compensation awarded by the learned court below.
Briefly, the facts are that vide notification dated 27.8.1981, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired 41.68 acres of land in Village Bhainsa Tibba, Tehsil Kalka,
District Ambala, for public purpose namely for development of residential and
commercial area. The Land Acquisition Collector vide his award dated 27.8.1981
assessed the market value of the land at Rs. 60,000/- 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 31.8.1988, while relying upon judgment of this court in R.F.A. No.
1782 of 1986 -Hari Singh and others vs The State of Haryana, decided on
26.4.1988 (Ex. P-1), determined the market value of the acquired land at Rs.
1,50,000/- per acre. Even this court in another R. F. A. No. 357 of 1992- Rajinder
Singh @ Narinder Singh and others vs State of Haryana, decided on 23.3.2005,
also awarded the compensation for the acquired land @ of Rs. 1,50,000/- per acre.
Learned Senior Deputy Advocate General, Haryana, did not dispute
this fact.
Since the learned court below has awarded the compensation for the
acquisition of land on the basis of judgment of this court in Hari Singh’s case
(supra), the present appeal is dismissed.
22.9.2008 ( Rajesh Bindal) vs. Judge