Punjab-Haryana High Court
State Of Haryana & Ors vs Vipin Kumar & Ors on 22 August, 2014
Author: Rajesh Bindal
Bench: Rajesh Bindal
RFA No.2485 of 2011
-1-
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
RFA No.2485 of 2011 (O&M)
Date of Decision: 22.08.2014
State of Haryana and another
...Appellants
Versus
Vipin Kumar and others
.....Respondents
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. D.D. Gupta, Additional Advocate General, Haryana.
Mr. D.S. Nain, Advocate for the respondents in
RFA Nos.2487 to 2489 and 2499 of 2011.
RAJESH BINDAL, J.
This order will dispose of five appeals bearing RFA Nos.2485, 2487 to 2489 and 2499 of 2011, as common questions of law and facts are involved therein. However, the facts have been extracted from RFA No.2485 of 2011.
The State of Haryana is in appeal before this Court against the award passed by learned court below seeking reduction of the amount of compensation awarded to the respondents on account of acquisition of land.
Brief facts of the case are that vide notification dated 12.5.2006 issued under Section 4 of the Land Acquisition Act, 1894 ( for short "the Act"), land measuring 2.96 acres situated in the area of village Patti Chaudhary, H.B. No.20, Tehsil and District Kaithal was acquired by the State of Haryana for construction of Shergarh-Guhana Link Channel. The same was followed by notification dated 7.8.2006 issued under Section 6 of the Act. The Land Acquisition Collector (for short "the Collector") vide its award dated 29.1.2008 assessed the market value of the acquired land @ ` 8,00,000/- per acre for all kinds of land. The landowners feeling dissatisfied with the award of the Collector, filed objections. Considering the material placed on record, the learned court below vide its award dated 2.12.2010, determined the market value of the acquired land @ ` 12,00,000/- per acre SHARMILA 2014.08.26 14:43 I attest to the accuracy and integrity of this document Chandigarh RFA No.2485 of 2011 -2- for agricultural Chahi/Nahri land and ` 50,000/- per acre were awarded to some of the petitioners for bifurcation of their land.
Learned counsel for the parties conceded that the other appeals filed by the landowners arising out of the same acquisition have been remanded back vide order dated 17.7.2014, passed by this Court in RFA No.3891 of 2011, titled as Sh. Nidhi Vs. The State of Haryana and another and the appeals filed by the State were dismissed as having become infructuous.
Considering the aforesaid fact, the appeals are dismissed as having become infructuous.
(RAJESH BINDAL) JUDGE 22.8.2014 sharmila SHARMILA 2014.08.26 14:43 I attest to the accuracy and integrity of this document Chandigarh