Punjab-Haryana High Court
Naranjan Kaur And Another vs State Of Haryana And Others on 14 October, 2011
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Regular First Appeal No. 3426 of 2011(O&M)
Date of Decision: October 14, 2011.
Naranjan Kaur and another.
...... APPELLANT (s)
Versus
State of Haryana and others.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. Vimal Kumar Gupta,
Advocate for the appellants.
Mr. K.C.Gupta, Sr.DAG, Haryana.
*****
RAM CHAND GUPTA, J.(Oral)
CM No.7767-CI of 2011 Heard.
Taking into consideration the facts mentioned in the application accompanied by affidavit, delay of 227 days in filing the present appeal is, hereby, condoned.
Civil Misc. stands disposed of.
CM No.7768-CI of 2011 Heard.
RFA No.3426 of 2011 2Taking into consideration the facts mentioned in the application accompanied by affidavit, delay of 61 days in refiling the present appeal is, hereby, condoned.
Civil Misc. stands disposed of.
RFA No.3426 of 2011 Heard.
Notice of motion.
Mr. K.C.Gupta, Senior Deputy Advocate General, Haryana, who is present in the Court accepts notice on behalf of the respondent-State.
It has been contended by learned counsel for the appellants that the appeals were filed by the other land owners for enhancement of the compensation of their land acquired by the same notification dated 09.08.2002 issued under Section 4 of the Land Acquisition Act, 1894 (for short the 'Act') for the purpose of development and utilization of commercial, residential, institutional Sector 21, Kaithal which was followed by notification dated 08.08.2003 under Section 6 of the Act. The Land Acquisition Collector vide award dated 05.08.2005 fixed the market value of the acquired land at the rate of `5,00,000/- per acre. Dissatisfied with the award passed by Land Acquisition Collector, land owners filed objections under Section 18 of the Act. The learned court below determined the fair market value of the acquired land at the rate of `350/- per square yard. The award was challenged before this court by various land owners. Respondent- State had also filed appeal against the said award. This court vide judgment RFA No.3426 of 2011 3 dated 05.12.2008 passed in RFA No.361 of 2007, Jiwan Dass and others v. State of Haryana and others remanded the cases to learned court below for re- determination of the value of the acquired land. After remand the market value of the acquired land was assessed at the rate of `280/- per square yard by learned Additional District Judge, Kaithal. Still dissatisfied, land owners as well as respondent-State filed appeals before this Court. The same were decided by this Court vide judgment dated 04.04.2011 rendered in RFA No.254 of 2008, Parveen Kumari v. State of Haryana and others vide which appeals filed by the land owners as well as by the State were dismissed and the amount of compensation, which was assessed at the rate of `280/- per square yard by learned Additional District Judge, Kaithal was upheld.
It has been contended by learned counsel for the appellants that the present appeal is also to be disposed of on the same terms.
Hence, in view of these facts, the present appeal is also dismissed for the same reasons recorded by this Court vide judgment dated 04.04.2011 passed in RFA No.254 of 2008.
( RAM CHAND GUPTA ) October 14, 2011. JUDGE 'om'