High Court Punjab-Haryana High Court

Usha Rani vs State Of Haryana And Another on 17 December, 2008

Punjab-Haryana High Court
Usha Rani vs State Of Haryana And Another on 17 December, 2008
               In the High Court of Punjab & Haryana at Chandigarh

                                            R. F. A No. 5166 of 2001 (O&M)

Usha Rani                                                     ... Appellant
                                                 vs
State of Haryana and another                                  .... Respondents
Coram:        Hon'ble Mr. Justice Rajesh Bindal


Present:      Mr. Adarsh Jain, Advocate, for the appellant.

Mr. Navneet Singh, Assistant Advocate General, Haryana.

Rajesh Bindal J.

The landowner is in appeal before this court for enhancement of
compensation for the acquisition of land.

Briefly, the facts are that vide notification dated 12.5.1995, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in Village Chandawali, Tehsil Ballabgarh, District
Faridabad, for public purpose namely for development and utilisation of land as
institutional, residential and commercial for Sector-64, Faridabad. The Land
Acquisition Collector (for short, “the Collector”) assessed the market value of the
land at Rs. 4 lacs 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 2.5.2001, determined the
market value of the acquired land at Rs. 303/- per square yard.

Learned counsel for the appellant submitted that the claim of the
appellant in the present appeal is squarely covered by the 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, whereby the compensation payable for acquisition of land for
Sectors-62, 64, and 65, Faridabad, was enhanced to Rs. 450/- per square yard.

Learned Assistant Advocate General, Haryana, does not dispute this
factual position.

For the detailed reasons recorded in Ved Pal’s case (supra), the
appeal is allowed in the same terms.

17.12.2008                                                ( Rajesh Bindal)
vs.                                                             Judge