Punjab-Haryana High Court
State Of Haryana And Another vs Jaipal Singh And Another on 17 November, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 2065 of 1992 and
Cross-Objection No. 133/CI of 1999
Date of decision : 17.11.2008
State of Haryana and another ... Appellants
vs
Jaipal Singh and another .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Sanjay Mittal, Advocate, for the respondents.
Rajesh Bindal J.
The State has filed the present appeal seeking reduction in the compensation whereas the landowners have approached this court through the cross-objection seeking enhancement of compensation.
Briefly, the facts are that vide notification dated 31.7.1985, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land in Village Dharuhera, for public purpose namely for the development and utilisation thereof as residential -cum-commercial area of Dharuhera. The Land Acquisition Collector vide his award dated 30.6.1988 assessed the market value of the acquired land at Rs. 60,000/- per acre for chahi, and Rs. 35,000/- per acre for banjar qadim and gair mumkin kind of land. 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 7.10.1991, determined the market value of the acquired land at Rs. 60/- per square yard.
Learned counsel for the landowners/respondents submitted that the issue involved in the present appeal is squarely covered by the Division Bench judgment of this court in L. P. A. No. 369 of 1996 - Jai Pal Singh vs The State of Haryana and another, decided on 5.2.1997, whereby the compensation payable for acquisition of land was enhanced to Rs. 70/- per square yard.
Learned Assistant Advocate General, Haryana, does not dispute this fact.
For the detailed reasons recorded in Jai Pal Singh's case (supra), the appeal filed by the State is dismissed and the cross-objection filed by the landowners/respondents is allowed in the same terms.
17.11.2008 ( Rajesh Bindal) vs. Judge