In the High Court of Punjab & Haryana at Chandigarh
Civil Misc. Nos. 10349-50/CI of 2008 and
R. F. A. No. 5004 of 2008 (O&M)
Date of decision : 11.11.2008
State of Haryana ..... Appellant
vs
Smt. Kamla and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
C.M. No. 10349/C-I/2008.
For the reasons stated in the application, delay of 41 days in refiling
the appeal is condoned.
Civil misc. stands disposed.
R. F. A. No. 5004/2008 and C.M. No. 10350/C-I/2008.
The State has filed the present appeal against the award dated
17.1.2008 passed by the learned Additional District Judge, Faridabad. Along with
the present appeal, an application for condonation of delay of 89 days in filing the
appeal has also been filed.
Briefly, the facts are that land situated in the revenue estate of
Village Chandawali (Faridabad), measuring 128.36 acres was acquired vide
Notification dated 12.5.1995, issued under Section 4 of the Land Acquisition Act,
1894, by the State of Haryana for development and utilisation of Sector-64,
Faridabad. The Land Acquisition Collector vide award dated 6.5.1998 assessed the
value of the acquired land at Rs. 4 lacs per acre. Dissatisfied with the award of the
Collector, the landowners/claimants filed objections. The learned Additional
District Judge, on reference under Section 18 of the Act, enhanced the
compensation @ of Rs. 450/- per square yard, relying on judgment of this court in
R. F. A. No. 2501 of 2001- Ved Pal and others vs State of Haryana and others,
decided on 3.5.2006.
As the learned court below has merely relied upon the judgment of
this court in Ved Pal’s case (supra) while awarding compensation to the
landowners, the claim made by the State in the present appeal does not survive.
Accordingly, the present appeal as well as the application for
condonation of delay in filing the appeal, are dismissed.
11.11.2008 ( Rajesh Bindal) vs. Judge