Punjab-Haryana High Court
Haryana State And Another vs Pawan Kumar And Others on 17 September, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 1562 of 1994 -1-
In the High Court of Punjab & Haryana at Chandigarh
Date of decision : 17.9.2010
1. RFA No. 1562 of 1994 (O&M)
Haryana State and another ..... Appellants
vs
Pawan Kumar and others .... Respondents
2. RFA No. 1653 of 1994 (O&M) Pawan Kumar and others ..... Appellants vs The State of Haryana and another .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: None for the landowners.
Mr. Ashish Gupta, Assistant Advocate General, Haryana.
Rajesh Bindal J.
This order will dispose of the aforesaid appeals as the same arise out of common acquisition.
The landowners have filed these appeals seeking enhancement of compensation for the acquired land whereas the State of Haryana is seeking reduction of compensation.
Briefly, the facts are that vide notification dated 25.7.1989, issued under Section 4 of the Act, the State of Haryana acquired land in village Sutana, Tehsil and District Panipat for extension of disposal area of stage-IV of Panipat Thermal Power Project. The Land Acquisition Collector assessed the market value of the land @ ` 50,000/- per acre for nehri/ chahi, and ` 40,000/- per acre for banjar kadim kinds of land. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned Court below, while relying upon earlier award, Ex. P-1, assessed the market value of the acquired land at uniform rate of ` 1,40,000/- per acre. It is this award which is impugned in the present set of appeals by both the parties.
No one has appeared for the landowners at the time of hearing. Learned counsel for the State fairly submitted that the claim made by the parties in the present set of appeals is squarely covered by the judgment of this court in RFA No. 1263 of 1994 Paltu Ram and another vs State of Haryana and another decided on 4.11.2008, whereby the award of the learned court below determining the market value of land acquired vide notification dated 25.7.1989 in village Sutana, was upheld.
RFA No. 1562 of 1994 -2-As the amount of compensation awarded to the landowners for the acquired land is in terms of judgment of this court, prima facie, no case for enhancement is made out, however, as learned counsel for the landowners is not available, the appeal filed by them is dismissed in default whereas the appeal filed by the State is dismissed.
17.9.2010 (Rajesh Bindal) vs. Judge