Punjab-Haryana High Court
Baljit And Others vs The State Of Haryana And Another on 15 July, 2008
Author: Permod Kohli
Bench: Permod Kohli
RFA No.897 of 1992 [1]
In the High Court of Punjab and Haryana at Chandigarh.
Date of decision:15.07.2008.
Baljit and others ... Appellants
Versus
The State of Haryana and another ... Respondents.
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
Present: Mr.CB Goel, Advocate, for the appellants.
Mr.Suvineet Sharma, Addl. AG, Haryana.
PERMOD KOHLI, J. (Oral):
This application has been filed for the disposal of the present appeal as the same is squarely covered by judgment dated 05.10.2007 passed by this Court in RFA No.882 of 1983 and other connected appeals It is the common case of the parties that the present appeal relate to the acquisition of the land. The present appeal is squarely covered by the judgment of this Court referred to here-in-above wherein the following directions have been issued:-
"In absence of sufficient material of comparable rates, the market price can be determined by periodical increase formula approved by the Apex Court in the case of Sahaswan, District Badaun RFA No.897 of 1992 [2] (supra). If the formula approved by the Apex Court in Sahaswan, District Badaun (supra) is to be applied with 1973 year as the base, the market value of the land in the year 1980 comes to Rs.58.45/-, in the year 1981 comes to Rs.66.21 and in the year 1982 comes to Rs.76.21. The land being big chunk, 1/3rd of the price has to be reduced as at least this much land is required for development purposes, for roads, parks and public utilities. Therefore, the rate per square yard comes to Rs.39.17 as on the date of notification dated 4.6.1980 and Rs.44.37 per square yard as on the date of notification dated 13.3.1981 and at Rs.51.07 per square yard as on the dates of notification dated 22.6.1982 and 5.7.1982.
Accordingly, the market price of the land under different acquisition notifications is assessed at Rs.39/- per square yard in respect to land acquired for Sector 6 (represented by Notification dated 4.6.1980), Rs.44/- for Sector 3 (represented by Notification dated 13.3.1981) and Rs.51/- for Sectors 9 & 7 (represented by the notifications dated 22.6.1982 and 5.7.1982). These appeals are accordingly allowed with costs and respondents are directed to calculate the compensation for the acquired land at the above rates. The appellants RFA No.897 of 1992 [3] are also entitled to solatium and interest as determined by the Reference Court on the amount determined herein".
The present appeal is disposed of in terms of the above directions.
15.07.2008. (PERMOD KOHLI) BLS JUDGE