Punjab-Haryana High Court
Haryana State And Another vs Khushi Ram (Deceased) Through Lrs on 26 March, 2009
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2822 of 1993 (O&M)
Haryana State and another ... Appellants
vs
Khushi Ram (deceased) through LRs. ... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana. Rajesh Bindal J.
The State is in appeal before this court against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction of compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 6.12.1988 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Bidhera, Tehsil and District Gurgaon, for construction of Gurgaon Water Supply Channel. The Land Acquisition Collector assessed the market value of the land at Rs. 45,120/- per acre for chahi, Rs. 40,000/- per acre for chahi aryatan/albrani, Rs. 30,000/- per acre for banjar and Rs. 25,120/- per acre for gair mumkin kind of land. On reference under Section 18 of the Act, the learned court below vide award dated 28.5.1993, determined the market value of the acquired land @ Rs. 60,000/- per acre for chahi, Rs. 53,200/- per acre for chahi aryatan/albarani/magda and Rs. 33,300/- per acre for gair mumkin kind of land.
Learned State counsel very fairly conceded that earlier award of the learned Reference court for the same acquisition was upheld by this court in R. F. A. No. 2519 of 1991 Banwari vs State of Haryana and another, decided 2.3.2000. Accordingly, the claim made in the present appeal does not survive.
For the reasons recorded in Banwari's case (supra), the present appeal is dismissed.
26.3.2009 ( Rajesh Bindal) vs. Judge