Punjab-Haryana High Court
Ranjit Singh And Others vs State Of Haryana And Another on 24 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
R. F. A. No. 5788 of 2008 (1)
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 5788 of 2008 (O&M)
Date of decision 24.12.2008
Ranjit Singh and others ..... Appellants
vs
State of Haryana and another ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. C. B. Goel, Advocate, for the appellants.
Mr. Navneet Singh, Assistant Advocate General, Haryana.
Rajesh Bindal J.
The landowners are in appeal before this court against the order of the learned court below seeking 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 277.36 acres of land situated within the revenue estate of Village Patti Kaisth Seth Kaithal, Tehsil and District Kaithal, for public purpose of development and utilisation of the land as residential, commercial and institutional Sector-21 Kaithal. The Land Acquisition Collector (for short, "the Collector") vide his award dated 5.8.2005 assessed the market value of the land at Rs. 5 lacs 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 30.11.2006, determined fair value of the acquired land at Rs. 350/- per square yard.
Learned counsel for the landowners 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 vs State of Haryana and another decided on 5.12.2008, whereby in the appeals arise out of the same acquisition the impugned award therein has been set aside and the matters have been remitted back to the Reference Court for fresh consideration.
R. F. A. No. 5788 of 2008 (2)Learned Assistant Advocate General, Haryana, does not dispute this factual position.
For the reasons recorded in Jiwan Dass's case (supra), the appeal is disposed of in the same terms. The parties through their counsel are directed to appear before the learned District Judge, Kaithal, on 30.1.2009.
24.12.2008 ( Rajesh Bindal) vs. Judge