In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 4132 of 2008 (O&M)
Vinod Kumar ... Appellant
vs
State of Haryana and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sandeep Goyal, 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 acquired land
Briefly, the facts are that vide notification dated 9.8.2002, issued
under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’), the State
of Haryana acquired land in the revenue estate of Village Patti Kaisth Seth, District
Kaithal, for the development and utilisation thereof as residential, commercial and
institutional area in Sector-21 Kaithal. The Land Acquisition Collector (for short,
“the Collector”) assessed the market value of the land at Rs. 5,00,000/- per acre.
Dissatisfied with the award of the Collector, the landowners/claimants filed
objections. On reference under Section 18 of the Act, the learned court below vide
award dated 30.7.2007, determined the market value of the acquired land at Rs.
350/- per square yard.
Learned counsel for the parties submitted that the issue involved in
the present appeal is squarely covered by the judgment of this court in R. F. A. No.
361 of 2007- Jiwan Dass State of Haryana and another decided on 5.12.2008,
whereby the appeals arise out of the same acquisition have been remitted back for
fresh consideration.
For the reasons recorded in Jiwan Dass’s case (supra), the impugned
award is set aside and the matter is remitted back to the learned Reference Court to
be considered in terms of the observations made in the aforesaid case. The parties
through their counsel are directed to appear before the learned District Judge,
Kaithal, on 24.2.2009. The learned District Judge may either keep the references
with himself or may entrust the same to any other Additional District Judge who is
dealing with the cases referred back by this Court earlier.
28.1.2009 ( Rajesh Bindal) vs. Judge