Punjab-Haryana High Court
State Of Haryana And Another vs Smt. Munni Devi on 8 September, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A. No. 2793 of 2008 (O&M)
Date of decision : 8.9.2008
State of Haryana and another ..... Appellants
vs
Smt. Munni Devi ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Navneet Singh, Assistant Advocate General, Haryana.
Mr. Adarsh Jain, Advocate, for the respondent.
Rajesh Bindal J.
The State has filed the present appeal against the award dated 22.8.2007 passed by the learned Additional District Judge, Faridabad.
Briefly, the facts are that land of the claimants measuring 52.95 acres was acquired vide Notification dated 8.5.1995, issued under Section 4 of the Land Acquisition Act, 1894, by the State of Haryana for development and utilisation as institutional, residential and commercial site for Sector-61, Faridabad. The Land Acquisition Collector assessed the compensation @ of Rs. 4,00,000/- per acre. The learned Additional District Judge, on reference under Section 18 of the Act, enhanced the compensation @ of Rs. 450/- per square yard, relying on judgment of this court in R. F. A. No. 2501 of 2001- Ved Pal and others vs State of Haryana and others, decided on 3.5.2006.
Learned counsel for the State very fairly submitted that as the claim made by the appellants in the present appeal is squarely covered by the judgment of this court in Ved Pal's case (supra) where the amount of compensation payable on acquisition of land pertaining to the same notification was determined at Rs. 450/- per square yard and it was the above referred judgment only which was relied upon by the court below in awarding compensation to the landowners, the claim made by the State in the present appeal does not survive.
Accordingly, the present appeal is dismissed.
8.9.2008 ( Rajesh Bindal) vs. Judge