Punjab-Haryana High Court
Haryana State vs Sham Lal And Others on 12 January, 2010
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
R. F. A No. 525 of 1992 (O&M)
Haryana State ..... Appellant
vs
Sham Lal and others ..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Ashish Gupta, Assistant Advocate General, Haryana. Rajesh Bindal J.
The State has filed the present appeal against the award of the learned court below passed under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') seeking reduction in the compensation for the acquired land.
Briefly, the facts of the case are that the State of Haryana vide notification dated 10.1.1983 issued under Section 4 of the Act, acquired the land situated in revenue estate of Village Jharsa, Tehsil and District Gurgaon, for the development and utilisation of land for residential purpose at Gurgaon. The Land Acquisition Collector assessed the market value of different kinds of land at different rates. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land which is situated in the rear portion to the National Highway at Rs. 68/- per square yard and for the land which is within the depth of ten yards from National Highway at Rs. 136/- per square yard.
Learned State counsel very fairly conceded that the claim made in the appeal is squarely covered by judgment of this court in RFA No. 2868 of 1992 Balai Ram and others vs State of Haryana and another, decided on 19.11.2008, whereby award of the Reference Court was upheld. The amount of compensation assessed in the present case is also in the same terms. Accordingly, the claim made in the appeal does not survive.
For the reasons recorded in Balai Ram's case (supra), the present appeal is dismissed.
12.1.2010. ( Rajesh Bindal) vs. Judge