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Punjab-Haryana High Court

State Of Haryana vs Ravinder Singh on 9 October, 2015

Author: Rajesh Bindal

Bench: Rajesh Bindal

            Cross-Objection No.50-CI of 2014 in
            RFA No.3213 of 2014
                                                                                           -1-

                           IN THE HIGH COURT OF PUNJAB AND HARYANA
                                        AT CHANDIGARH

                                                      Cross-Objections No.50-CI of 2014(O&M)
                                                      in RFA No.3213 of 2014
                                                      Date of decision: 9.10.2015

            State of Haryana
                                                                                ..... Appellant
                                                       Versus

            Shri Ravinder Singh
                                                                .....Cross-Objector/Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Bhag Singh, Advocate, for the cross-objector.

Mr. Arun Beniwal, Deputy Advocate General, Haryana.

RAJESH BINDAL, J By filing the cross-objections, the landowner is seeking enhancement of compensation for the acquired land.

Brief facts of the case are that the State of Haryana vide notification dated 4.12.2000, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') sought to acquire land situated within the revenue estate of village Shahpur, Hadbast No.125, Tehsil and District Ambala, for development and utilisation thereof as residential, commercial and industrial area for Sector 10, 11 and 12 part Ambala Cantt. Notification under Section 6 of the Act was issued on 3.12.2001. The Land Acquisition Collector (for short, 'the Collector') vide award dated 11.9.2003, determined the market value of the acquired land @ ` 7,00,000/- per acre for the land upto depth of one acre from GT road; ` 5,00,000/- per acre for for the land upto depth of two acres from from GT road; ` 2,75,000/- per acre for chahi land; ` 2,00,000/- per acre for barani land and ` 1,50,000/- per acre for gair mumkin/banjar kind of land. Aggrieved against the award of the Collector, the landowner filed objections which were referred to the learned court below, who keeping in view the material placed on record by the parties, determined the fair value of the acquired land @ ` 327/- per square yard upto the depth of one acre adjoining the GT road and for rest of SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.

Cross-Objection No.50-CI of 2014 in RFA No.3213 of 2014 -2- the land @ ` 297/- per square yard. It is this award which is impugned by the landowner by filing the cross-objections.

Learned counsel for the landowner very fairly submitted that the main appeal was disposed of vide order dated 3.9.2015 in terms of judgment passed in RFA No.2718 of 2011- Dilbagh Singh and others v. State of Haryna, however, the cross-objections remained pending. He prayed that the cross-objections be also disposed of in terms of Dilbagh Singh's case (supra), whereby, the award of the learned reference court, was upheld.

Since the award of the learned court below has already been upheld by this Court, nothing survives in the cross-objections. Accordingly, for the reasons mentioned in Dilbagh Singh's case (supra), the cross- objections filed by the landowner are dismissed.

(RAJESH BINDAL) JUDGE 9.10.2015 sharmila SHARMILA 2015.10.12 16:15 I attest to the accuracy and authenticity of this document.