Punjab-Haryana High Court
Yog Bal And Others vs State Of Haryana And Another on 10 May, 2011
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No. 509 of 2000 1
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
RFA No. 509 of 2000 (O&M)
Date of Decision: 10.05.2011
Yog Bal and others
...Appellants
Versus
State of Haryana and another
..Respondents
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Anjum Ahmed, Additional Advocate General, Haryana.
Mr. Amit Jain, Mr. Manoj Bajaj and Mr. Sudhir Aggarwal,
Advocates for the landowners.
.....
RAJESH BINDAL, J.
This order will dispose of ten appeals bearing RFA Nos. 509, 833, 840, 861, 1096, 1098, 1104, 1492 and 1531 of 2000, as common questions of facts and law are involved therein.
Challenge in the present appeal is to the awards passed by the learned Additional District Judge, Gurgaon. The landowners are in appeal seeking enhancement of compensation for the acquired land whereas State is in appeal seeking reduction thereof.
Facts have been extracted from RFA No. 509 of 2000. Briefly, the facts of the case are that State Government vide notification dated 30.01.1989, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), sought to acquire 452.50 acres of land situated in revenue estate of village Khandsa, Jharsa, Naharur Roopa, Tehsil and District Gurgaon for development and utilization of land as commercial, industrial, transport area Sector 33 and 34 at Gurgaon. Notification under Section 6 of the Act was issued on 25.01.1990. The Land Acquisition Collector (for short, "the Collector") vide his award dated 22.01.1992 assessed the market value of the acquired land @ ` 1,50,000/- per acre for the land of village Khandsa, ` 1,75,000/- per acre for village RFA No. 509 of 2000 2 Jharsa and ` 1,25,000/- per acre for the land of village Naharpur Roopa. Dissatisfied with the award of the Collector, the landowners filed objections. On reference under Section 18 of Act, the learned court below assessed the compensation for the acquired land @ ` 7,22,500/- per acre.
Learned counsel for the parties very fairly submitted that the claim made in the present set of appeals appeals is squarely covered by the judgment of this court in RFA No. 59 of 1997 titled as Attar Singh and others Vs. State of Haryana decided on 13.05.1999, whereby the appeals filed by the State as well as the landowners are dismissed.
For the detailed reasons recorded in Attar Singh's case (supra), the present appeals are dismissed.
(RAJESH BINDAL) JUDGE 10.05.2011 sharmila