Punjab-Haryana High Court
The State Of Haryana vs Harish Chand And Others on 4 December, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 4.12.2008
R. F. A No. 3271 of 1992 (O&M)
The State of Haryana ... Appellant
vs
Harish Chand and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Lokesh Sinhal, Additional Advocate General, Haryana.
None for the landowner.
Rajesh Bindal J.
The State has approached this court for reduction in the compensation awarded to the landowner for the acquisition of land.
Briefly, the facts are that vide notification dated 10.1.1983, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land situated within the revenue estate of Village Jharsa, Tehsil and District Gurgaon, for public purpose namely for the development and utilisation thereof as residential and commercial area at Gurgaon. The Land Acquisition Collector (for short, "the Collector") vide his award dated 21.9.1986 assessed the market value of the acquired land at Rs. 60,000/- per acre for chahi, Rs. 50,000/- per acre for magda and Rs. 40,000/- per acre for gair mumkin kind of land. Dissatisfied with the award of the Land Acquisition Collector, the landowner/claimant filed objections. On reference under Section 18 of the Act, the learned court below vide award dated 3.6.1992, determined the market value of the acquired land at Rs. 136/- per square yard for the land falling upto 10 yards deep on both sides of National Highway No. 8 and Rs. 68/- per square yard for the remaining land beyond the said depth of 10 yards from National Highway No. 8.
Learned Additional Advocate General very fairly submitted that the issue involved in the present appeals is squarely covered by judgment of this court in R. F. A. No. 2868 of 1992 - Balai Ram and others vs State of Haryana and another, decided on 19.11.2008, whereby the award of the learned court below was upheld.
For the detailed reasons recorded in Balai Ram's case (supra), the appeal is dismissed.
4.12.2008 ( Rajesh Bindal) vs. Judge